Kevin R. Johnston - Page 17




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          jurisdiction.  See Suarez v. Commissioner, 58 T.C. 792, 814                 
          (1972).                                                                     
               The Court of Appeals for the Ninth Circuit, to which an                
          appeal of the case at hand would lie, has developed an exception            
          to this rule.  In Scar v. Commissioner, 814 F.2d 1363 (9th Cir.             
          1987), revg. 81 T.C. 855 (1983), the Court of Appeals held a                
          notice invalid and dismissed the action for lack of jurisdiction            
          in favor of the taxpayer.                                                   
               The notice in Scar informed the taxpayers that they had                
          $138,000 of unreported income from a tax shelter partnership                
          known as the “Nevada Mining Project”.  The notice also stated               
          that tax was being assessed on this income at the maximum                   
          marginal rate because the taxpayers’ original return was                    
          unavailable.  At trial, however, the taxpayers established that             
          they had no connection with the Nevada Mining Project, and that             
          they had in fact filed their tax return.  As a result, the Court            
          of Appeals concluded that “the taxpayers proved that a                      
          determination of their deficiency had not been made”.  See Scar             
          v. Commissioner, supra at 1367 n.6.                                         
               Petitioner has made no such showing in the case at hand.               
          The notice sent to petitioner stated that he had $104,786 in                
          unreported business receipts during 1993.  Petitioner has                   
          stipulated that an identical amount was deposited in the                    
          Universal bank account during 1993.  Petitioner has also                    





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