Joseph Paul Freije - Page 33

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         deductions in the present section 6330 proceeding, and we are                
         urged to undertake de novo review under section 6330 of                      
         petitioner's entitlement to those deductions.  In respondent's               
         view, such de novo review should result in petitioner's 1999                 
         liability's being adjusted to reflect an allowance of $7,701.25              
         of the claimed miscellaneous deduction for legal fees (the amount            
         that respondent concedes petitioner has substantiated in this                
         proceeding), reduced pursuant to section 67(a) by an amount equal            
         to 2 percent of adjusted gross income.                                       
              Petitioner contends that he has substantiated the full                  
         $8,528 deduction claimed on the 1999 return and that, in                     
         connection with the examination of his 1999 return, respondent's             
         agent allowed his claimed deduction for legal fees.  The notice              
         of deficiency for 1999, issued after the notice of intent to levy            
         for that year, provides some corroboration for petitioner's                  
         claim, in that it allowed $8,935 in miscellaneous deductions                 
         (subject to the 2-percent limitation) without further specifying             
         the basis for the allowance.23  As to any possible discrepancy in            
         respondent's treatment of the legal fees deduction in the instant            
         proceeding and his treatment in the notice of deficiency (and any            
         consequent inconsistency in the assessment that respondent became            
         entitled to make when the Freijes defaulted with respect to the              


               23 As noted, no petition was filed in response to the notice           
          of deficiency for 1999.                                                     





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