- 40 - “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 reasonPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011