- 11 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011