Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 16

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          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) issue            







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