Loren H. Schwechter - Page 11




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          1991, respectively.  Respondent also determined that petitioner             
          had unreported unemployment compensation income of $5,200 in 1989           
          and was liable for self-employment tax of $414 in 1991.  After              
          taking into account certain net operating loss carrybacks, the              
          notice determined deficiencies of $9,866, $1,612, and $414 for              
          1988, 1989, and 1991, respectively.                                         
          1.  The Deficiency Determinations                                           
               Petitioner has offered no evidence or argument in support of           
          his averments in the petition that respondent’s deficiency                  
          determinations for the years in issue are in error, other than to           
          claim that the notice of deficiency is invalid because untimely.            
               The Commissioner has 3 years from the time a return is filed           
          to issue a notice of deficiency with respect to income tax.  See            
          secs. 6212(a),4 6213(a), 6501(a), 6503(a)(1).  Even if                      
          petitioner’s claim based on the statute of limitations were                 
          properly before the Court,5 he would not prevail.  In general, a            
          return is deemed to have been filed when it is received by                  

               4 Unless otherwise noted, all section references are to the            
          Internal Revenue Code in effect for the years in issue, and all             
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
               5 Petitioner did not raise this claim in his petition or               
          seek amendment thereto.  See United Bus. Corp. of Am. v.                    
          Commissioner, 19 B.T.A. 809, 831-832 (1930), affd. 62 F.2d 754              
          (2d Cir. 1933); Oliver v. Commissioner, T.C. Memo. 1997-84; see             
          also Columbia Bldg., Ltd. v. Commissioner, 98 T.C. 607, 611                 
          (1992); Badger Materials, Inc. v. Commissioner, 40 T.C. 1061,               
          1062-1063 (1963), withdrawing in part and modifying 40 T.C. 725             
          (1963).                                                                     





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