Mark Christopher and Nancy Louise Corcoran - Page 6




                                        - 6 -                                         
          such persons are subject to tax under section 1 and section 11,             
          respectively, on their worldwide income.”).                                 
               Petitioners’ procedural arguments likewise are without                 
          merit.  Petitioners argue that the notice of deficiency is                  
          invalid because they allegedly were denied an administrative                
          hearing, and because respondent failed to carry the burden of               
          proof at the administrative level.                                          
               The record is unclear as to whether petitioners were                   
          provided the opportunity for an administrative hearing.                     
          Regardless, it is readily apparent that an administrative hearing           
          in this case would have been futile.  Petitioners never disputed            
          the amounts omitted from their tax return.  Their positions were            
          certainly not going to be accepted by the Internal Revenue                  
          Service.  See Madge v. Commissioner, T.C. Memo. 2000-370                    
          (rejecting taxpayer’s due process claim in a deficiency suit and            
          finding that an administrative hearing would have been futile),             
          affd. per curiam without published opinion ___ F.3d ___ (8th Cir.           
          2001).  As a general rule, this Court will not look behind a                
          deficiency notice to examine the evidence used, the propriety of            
          respondent’s motives, or the administrative policy or procedure             
          that informs respondent’s determinations.  Pietanza v.                      
          Commissioner, 92 T.C. 729, 735 (1989), affd. without published              
          opinion 935 F.2d 1282 (3d Cir. 1991); Greenberg’s Express, Inc.             
          v. Commissioner, 62 T.C. 324, 327 (1974); see Snyder v.                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011