- 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