Thomas G. Brenner - Page 4

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          provide the examination officer with books, records, or any other           
          information, and he attempted to prevent the examination officer            
          from obtaining information from third parties.  During the                  
          examination, petitioner asserted his Fifth Amendment privilege              
          against self-incrimination.                                                 
               The examination officer reconstructed petitioner’s insurance           
          business income using the bank deposits method.  The examination            
          officer allowed petitioner a deduction for estimated insurance              
          business expenses equal to 54.77 percent of his commissions based           
          on the Statistics of Labor Bulletin, Sole Proprietorship Returns,           
          1994, Table 2.--Nonfarm Sole Proprietorships: Income Statements,            
          by Selected Groups: Insurance agents and brokers (statistics for            
          insurance agents).                                                          
               On the basis of the examination officer’s reconstruction of            
          petitioner’s income, respondent determined deficiencies in                  
          petitioner’s Federal income tax for 1991-97 and issued a notice             
          of deficiency for those years dated May 24, 2000.                           
               On August 21, 2000, petitioner timely filed a petition in              
          this Court requesting that we “dismiss the NOD [notice of                   
          deficiency] for lack of jurisdiction” on the alleged ground it              
          “lacks any ligament or tendon of fact, is clearly arbitrary and             
          capricious and no real determination of deficiency has been made            
          by any authorized IRS employee.”  On September 29, 2000,                    
          petitioner filed an amended petition claiming that respondent’s             






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