Richard Henry and Carmen M. Strickland - Page 3




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          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 why           






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