- 16 - 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 impliedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011