- 33 - 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,Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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