Charles A. McGee - Page 16




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            deficiency were issued.  Accordingly, the 1987, 1988, and 1989                             
            deficiencies were computed giving petitioner credit for reporting                          
            certain amounts of income.  Evidence during trial, however,                                
            established that the documents were never signed by petitioner                             
            and were not valid returns.  After determining that petitioner                             
            did not file returns in 1987, 1988, and 1989, however, respondent                          
            contends that petitioner’s deficiencies for the 1987, 1988, and                            
            1989 tax years are greater than those determined in the notices                            
            of deficiency due to petitioner’s failure to file returns for                              
            those years.  Thus, respondent seeks increased deficiencies and                            
            additions to tax in greater amounts than those set forth in the                            
            notices of deficiency.                                                                     
                  Section 6214(a) provides that this Court shall have                                  
            jurisdiction to redetermine the correct amount of the deficiency                           
            even if the amount so redetermined is greater than the amount                              
            determined by the Commissioner in the notice of deficiency if the                          
            Commissioner asserts a claim at or before the hearing or                                   
            rehearing.  Consistent with the general mandate of section                                 
            6214(a), this Court generally will only exercise its jurisdiction                          
            over an increased deficiency where the matter is properly                                  
            pleaded.  See Estate of Petschek v. Commissioner, 81 T.C. 260,                             
            271-272 (1983), affd. 738 F.2d 67 (2d Cir. 1984); Markwardt v.                             
            Commissioner, 64 T.C. 989, 997 (1975).                                                     
                  Rule 41(b)(1), however, provides that when an issue not                              
            raised in the pleadings is tried with the express or implied                               





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