- 7 - 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.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011