Joseph Paul Freije - Page 31

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              Section 6213(b)(1) in general allows the assessment of tax              
         in excess of that shown on a return (i.e., without resort to the             
         deficiency procedures of sections 6211-6216) in cases where the              
         additional amount of tax is attributable to "a mathematical or               
         clerical error appearing on the return".  Section 6213(g)(2)                 
         defines "mathematical or clerical error" for this purpose                    
         generally as an error in addition, subtraction, multiplication,              
         or division shown on a return; an incorrect use of an IRS table              
         if apparent from the existence of other information on a return;             
         an item entry on a return which is inconsistent with another                 
         entry of the same or another item on the return; an omission of              
         information which is required to be supplied on a return to                  
         substantiate an entry; an entry on a return of a deduction in an             
         amount which exceeds a statutory limit if the items entering into            
         the computation of the limit appear on the return; and various               
         other instances not pertinent here.  See sec. 6213(g)(2)(A)-(M).             
              As noted in our findings of fact, respondent's "math error"             
         adjustments to the 1999 return included a correction of                      
         inconsistent entries for adjusted gross income and of a casualty             
         loss claimed without regard to the limitation of such losses to              
         amounts exceeding 10 percent of adjusted gross income.  We have              
         no quarrel with these adjustments, as they fall squarely within              









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