- 5 - the deficiency. Accordingly, this Court has jurisdiction to redetermine the deficiency and to determine the amount of any overpayment. See secs. 6214(a), 6512(b)(1), 7442. As explained more fully below, our jurisdiction extends to the entire subject matter of petitioners’ correct tax for their 2000 tax year and encompasses their contention that they never received part of their claimed 2000 refund. See Naftel v. Commissioner, 85 T.C. 527, 532-535 (1985). B. Adequacy of the Pleadings In his motion for entry of decision, respondent contends that petitioners did not plead the disputed refund issue and accordingly “should not be allowed to raise new issues at the calendar call”. As stated in Rule 31(a): “The purpose of the pleadings is to give the parties and the Court fair notice of the matters in controversy and the basis for their respective positions.” It is evident that respondent had fair notice of petitioners’ contention regarding the disputed refund: respondent’s counsel addressed the issue in both his June 5, 2003, trial memorandum, which he submitted to the Court about 2 weeks before the scheduled trial session, and in a conference call with the parties and the Court before the scheduled trial session. In neither instance did respondent complain about petitioners’ failure to plead the disputed refund issue. Moreover, in making his original (withdrawn) jurisdictionalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011