- 16 - if “it either alters the original deficiency or requires the presentation of different evidence.” Wayne Bolt & Nut Co. v. Commissioner, 93 T.C. 500, 507 (1989). The estate argues on brief that the burden should shift to respondent because the notice of deficiency was not sufficient to put the estate on notice of the factual basis of respondent’s determination. The estate argues: Certainly a code section reference may have legal meaning to a tax professional or other students of the tax code but, a reference [in the notice] in this case to Section 2036 is of no descriptive assistance to a taxpayer. * * * * * * * The statements contained in the Notice indicate that the transfers were made for less than full and adequate consideration in money and monies worth but fails to describe why the consideration was inadequate and further fails to state the amount of consideration the Respondent would consider adequate. In Shea v. Commissioner, 112 T.C. 183, 197 (1999), this Court held: where a notice of deficiency fails to describe the basis on which the Commissioner relies to support a deficiency determination and that basis requires the presentation of evidence that is different than that which would be necessary to resolve the determinations that were described in the notice of deficiency, the Commissioner will bear the burden of proof regarding the new basis. * * * In that case, since the notice did not describe section 66(b) as respondent’s basis for disallowing the benefits of community property law to the taxpayer, we treated the section 66(b) issuePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011