Ozie R. M. Quarterman - Page 7

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          petitioner has failed to raise, for our consideration, an issue             
          regarding her entitlement to any such benefit.                              
               B.  Petitioner’s Arguments on Brief                                    
               Petitioner argues that the notice was both untimely and                
          “insufficient”.  Petitioner did not by pleading or motion raise             
          the affirmative defense of statute of limitations or claim lack             
          of jurisdiction.  See Rules 39 and 40.  Nevertheless, at trial              
          and on brief, petitioner has pursued the theory that the notice             
          was both untimely and insufficient.  Those arguments are premised           
          upon petitioner’s position that she and Mr. Quarterman filed a              
          timely 1995 joint return.  Petitioner also argues that she is               
          taxable on only one-half of the interest income attributed to her           
          by respondent and that she is not liable for the additions to               
          tax, issues not specifically addressed in the petition.                     
          Respondent has not objected that petitioner has attempted to try            
          issues not raised by the pleadings.  See Rule 41(b).  We shall              
          treat petitioner’s claims as having been raised by the pleadings.           
          No amendment of the petition is required.  See id.                          
          II.  The Notice Was Both Timely and Sufficient                              
               The stipulation of facts entered into by the parties                   
          includes an original “Certification of Lack of Record”, Form                
          3050, which states that respondent’s Philadelphia, Pennsylvania,            


               4(...continued)                                                        
          the need to make a payment toward anything owed.”                           





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