Patrick S. Elliott and Donna J. Elliott - Page 17




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          Commissioner, 112 T.C. 183 (1999).  In that case, the                       
          Commissioner’s adjustment and explanation in the notice of                  
          deficiency related to the total amount of business gross receipts           
          based on a bank deposit analysis.  Subsequently, the taxpayer               
          contended that the reconstructed receipts were community income             
          and that only half of the amount determined was includable.  The            
          Commissioner countered that section 66(b) authorized the                    
          disallowance of community property benefits in certain                      
          circumstances.  The language of the notice had no reference to              
          community property interests or section 66(b).  In Shea, we held:           
               that where a notice of deficiency fails to describe the                
               basis on which the Commissioner relies to support a                    
               deficiency determination and that basis requires the                   
               presentation of evidence that is different than that                   
               which would be necessary to resolve the determinations                 
               that were described in the notice of deficiency, the                   
               Commissioner will bear the burden of proof regarding                   
               the new basis.  * * *  [Emphasis added.]                               
          Id. at 197.  That holding was predicated on our understanding               
          that the purpose of section 7522 is to give taxpayers notice of             
          the basis for a deficiency determination.  Id. at 196.                      
               In these cases, respondent did provide petitioners with                
          explanations for all of the adjustments that made up the                    
          deficiency.  Unlike the taxpayer in Shea, petitioners are not               
          seeking to place the burden of proof on respondent.  Instead,               
          petitioners contend that the expenses are not in issue, and,                
          therefore, they have no burden to show their entitlement to the             
          expenses.  However, as already explained, respondent’s                      





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