Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 40




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               “describe the basis” for the Commissioner’s                            
               determination.  This rule also provides a reasonable                   
               method for enforcing the requirements of section 7522.                 
               [Fn. ref. omitted.]                                                    
          We then held that where the 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 from that which would be necessary            
          to resolve the determinations described in the notice of                    
          deficiency, the burden of proof will be placed on the                       
          Commissioner with respect to that issue.  Id.                               
               In the instant case, the notice of deficiency increased                
          Russell and Clarice’s gross income for 1994 by $751,988.                    
          Respondent identified this adjustment under the heading “ORDINARY           
          INCOME (WHIPSAW)” and explained that “We have adjusted your gross           
          income to include amounts received for grain income for                     
          $751,988.00 in 1994.”  No further explanation was provided                  
          regarding the reason for including the additional amount in gross           
          income.  In their petition, Russell and Clarice alleged that                
          respondent “erroneously included within the taxpayers’ gross                
          income grain income in the amount of $751,988 for the tax year              
          1994".  In his answer, respondent denied this allegation but did            
          not elaborate on the reason for the inclusion of the additional             
          amount in gross income.  Thus, neither the notice of deficiency             
          nor respondent’s answer to Russell and Clarice’s petition                   
          describes distributions in excess of basis as respondent’s reason           





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