Dieter Stussy - Page 8




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          1396, 1402 (9th Cir. 1989).  Simply stated, the rule set forth in           
          Scar applies in the narrow set of circumstances where the notice            
          of deficiency on its face reveals that respondent failed to make            
          a determination.  See Campbell v. Commissioner, 90 T.C. 110, 112-           
          113 (1988).                                                                 
               Here the facts are in no way analogous to the facts in Scar.           
          Respondent did review petitioner’s 1998 tax return and made                 
          adjustments to petitioner’s Schedule A and Schedule C.  Based on            
          those adjustments, respondent determined a deficiency in tax for            
          the tax year at issue.  The transposition error on the cover page           
          does not affect the validity of the notice.                                 
               Furthermore, the holding in Foster is inapplicable here and            
          does not stand for the proposition asserted by petitioner.  See             
          Foster v. Commissioner, supra.                                              
               Additionally, petitioner cites Wilson v. Commissioner, T.C.            
          Memo. 1997-515, and Violette v. Commissioner, T.C. Memo. 1994-              
          173, for the proposition that a “typographical error in a                   
          critical place” on the notice of deficiency is sufficient to                
          invalidate the notice.  Petitioner’s interpretation incorrectly             
          broadens the holding in each case to encompass all typographical            
          errors.  The error in each of those cases was in the address to             
          which the deficiency notice was mailed and was deemed sufficient            
          to affect delivery of the notice.  The facts in each case are               
          therefore easily distinguishable from the facts here.                       






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