David J. Edwards - Page 42




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               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.                         





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