Curtis R. and Lynn Bitker - Page 18

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          deficiency included schedules that listed for each of the years at          
          issue the Commissioner’s position regarding the sources of the              
          deposits into the taxpayer’s accounts during each year and the              
          total amount of the deposits during each year from each source).            
          But we do not find respondent’s failure to do so in this case               
          constitutes the raising of new matter.                                      
               The purpose of section 7522 is to give the taxpayer notice of          
          the Commissioner’s basis for determining a deficiency.  Shea v.             
          Commissioner, supra at 196.  In the situation before us, Mr.                
          Mostoller represented petitioners during the examination of their           
          returns, as well as the examination of the Bitker partnership               
          returns, and he had a copy of the examination report related to the         
          partnership returns.   The notices of deficiency, in conjunction            
          with the partnership examination report to which petitioners had            
          access through Mr. Mostoller, gave petitioners sufficient notice of         
          respondent’s basis for determining the deficiencies.  Under these           
          circumstances, we are satisfied that the notices of deficiency              
          sufficiently described the basis of the deficiencies within the             
          meaning of section 7522.                                                    
               B.   Section 7491                                                      
                    1.   Penalties                                                    
               Under section 7491(c), the Commissioner has the burden of              
          production with respect to an individual’s liability for any                
          penalty.  Respondent acknowledges having the burden of production           






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