- 17 - 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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