- 14 - was no basis in law for depriving the Commissioner of the authority given to him by section 6214(a) to raise new issues and claim additional deficiencies. Id. We conclude that the same holds true in this case brought pursuant to section 7436. A. Second Exam Petitioner alleges that respondent’s affirmative allegations that Mr. and Mrs. Evans should be classified as employees and that petitioner compensated Mr. and Mrs. Evans through the payment of commissions and other wages disguised as shareholder loans, amounts to a second examination of petitioner which is not permitted pursuant to section 7605(b). Petitioner mistakes legitimately raised new issues for a second examination. The statutory language and legislative history of section 7605(b) indicate that it was intended to apply under different circumstances--that is, “where an overzealous tax examiner harasses taxpayers by conducting multiple examinations”. Tallal v. Commissioner, 88 T.C. 1192, 1195 (1987). By instituting a proceeding in this Court, petitioner became subject to our Rules. Id. at 1196. Legitimately raised new issues do not constitute an unauthorized second inspection within the purview of section 7605(b). B. Additional Cost to Petitioner Petitioner further alleges that respondent’s affirmative allegations will require that respondent review petitioner’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011