Evans Publishing, Inc. - Page 14




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          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’s                






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