- 42 - The “Scar” Issue Petitioner argues that the notice of deficiency should be held invalid under the standard set forth in Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983), because respondent’s determination in the notice of deficiency was not adequately explained, and because respondent disallowed all of petitioner’s deductions without making a sufficient attempt to identify the deductions to which petitioner was entitled. Petitioner’s and his counsel’s misunderstanding of the Scar opinion is so obvious as to constitute willful “obtuseness”. See Coleman v. Commissioner, 791 F.2d 68, 72 (7th Cir. 1986). In Scar, the Commissioner issued the taxpayers a notice of deficiency adjusting income in the amount of $138,000 for “Partnership - Nevada Mining Project.” The taxpayers had nothing to do with a Nevada mining project partnership. The Commissioner admitted that the notice of deficiency was issued in error but sought to proceed to collect other amounts not referenced in the notice of deficiency that the Commissioner claimed the taxpayers owed. Citing the general rule that courts do not look behind the notice of deficiency, the Tax Court held that the notice of 7(...continued) the Commissioner, petitioner’s motion for imposition of a penalty on respondent under sec. 6673(a)(1) will be denied.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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