Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 33

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          the audit of RCR #1 for the tax years at issue that there was no            
          basis for asserting an overvaluation penalty.”  As support for              
          this argument, petitioner cites a document taken from                       
          respondent’s administrative file relating to petitioner’s request           
          for section 6015 relief.  This document states that “Per                    
          information from Joe Pierce, TEFRA Review Coordinator for the               
          Hoyt Project, the overvaluation penalty should not be proposed.”            
          The role of this document in the context of the ultimate issuance           
          of the notice of deficiency is unclear.  However, petitioner’s              
          contention in her brief that this document shows that                       
          respondent’s assertion of the addition to tax is “disingenuous”             
          is not persuasive.  There is nothing in the record showing that             
          respondent’s assertion of the addition to tax in the notice of              
          deficiency was arbitrary or that it involved unconstitutional               
          conduct, and in the absence of such a showing this Court does not           
          go behind a notice of deficiency to ascertain respondent’s                  
          motives in asserting a deficiency or addition to tax.  Rountree             
          Cotton Co. v. Commissioner, 113 T.C. 422, 426 (1999), affd. 12              
          Fed. Appx. 641 (10th Cir. 2001); Greenberg’s Express, Inc. v.               
          Commissioner, 62 T.C. 324, 327-328 (1974).                                  
               Petitioner further argues that a tax underpayment is not               
          “attributable to” a taxpayer’s overvaluation of property where              
          “an alternative ground for the deficiency is sustained”, such as            
          where the relevant property was never placed in service.  See,              






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