- 10 - Year Commissions Expenses 1991 $163,912 $89,775 1992 157,399 86,208 1993 230,581 126,289 1994 215,378 117,962 1995 221,021 121,053 1996 261,240 143,081 1997 342,891 187,801 Petitioner did not challenge Revenue Agent Dugger’s reconstruction of his income. OPINION A. Validity of Notice of Deficiency Petitioner’s primary contention is that the notice of deficiency is invalid because respondent did not prepare a substitute for return for each of the years at issue. We disagree. If the Secretary determines a deficiency in income tax, he is authorized to send to the taxpayer a notice of deficiency by certified or registered mail before assessing the deficiency. Secs. 6212(a), 6201(a). Under section 6211(a), the term “deficiency” is generally defined as the amount of tax imposed less the amount shown as the tax by the taxpayer upon his return. See Laing v. United States, 423 U.S. 161 (1976). Where a taxpayer fails to file a return, section 6020(b) allows the Secretary (or the District Director or other authorized internal revenue officer or employee, sec. 301.6020-1(b)(1), Proced. & Admin. Regs.) to prepare a substitutePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011