- 3 - an income adjustment, resulted in a $3,365 income tax deficiency. Petitioner admits that there was an error in his 1990 return requiring the income adjustment. He has offered no evidence to either substantiate the Schedule C expenses or to show that they were ordinary and necessary. OPINION Petitioner does not seek to show that respondent’s adjustments to income and deductions were in error; instead he asks the Court to “waive” the 1990 deficiency and award $50,000 in damages from respondent. Petitioner contends that the above relief is justified due to respondent’s alleged improper audit procedures and actions. Petitioner contends that respondent’s following actions were improper: (1) Violation of the Privacy Act of 1974, Pub. L. 93-579, 88 Stat. 1896 (the Privacy Act), when respondent’s agent informed petitioner that his was a “routine” audit, (2) failure to meet the burden of production allegedly imposed by section 6201, and (3) lack of substantial justification to begin the audit that led to the deficiency determination. Petitioner claims that he was injured by these alleged improprieties and should be compensated by being relieved from the 1990 deficiency. He also claims that he is entitled to section 7435 civil damages because respondent’s counsel “intentionally misstated facts” in his proposed stipulation of facts included in his motion, under Rule 91(f), to show cause whyPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011