- 4 - 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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