- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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