- 6 - amounts on the first page of the 30-day letter and the deficiency notice differ. Petitioners do not argue or contend that the $2,327.40 determined in the deficiency notice is not the correct income tax deficiency that would result based upon the disallowance of the claimed $8,448 contribution carryover deduction. Respondent counters that the $2,327.40 income tax deficiency set forth in the deficiency notice constitutes a valid determination under the statute. Respondent points out that the deficiency notice is the jurisdictional document upon which this proceeding is based. Additionally, respondent points out that no agreement was reached with petitioners regarding the amount of deficiency attributable to the adjustment disallowing the $8,448 that was erroneously claimed as a contribution carryover. Respondent admits that the $1,153.23 amount stated on the first page of the 30-day transmittal letter that forwarded the examination report to petitioners was incorrect but nevertheless contends that it is not binding. We agree with respondent. The notices that may precede the statutory notice of deficiency during the administrative portion of the controversy are generally irrelevant to establishing the deficiency amount. See Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324 (1974). It is the determination in the deficiency notice that constitutes respondent’s determination orPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011