John O. Green - Page 10




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               Finally, petitioner has cited no authority that a notice of            
          deficiency can be withdrawn.  The Internal Revenue Code allows              
          for a notice of deficiency to be rescinded in certain limited               
          circumstances.  See sec. 6212(d).  None of the circumstances                
          apply in this case.                                                         
          III.  Presumption of Correctness                                            
               We often state as a general rule that the Commissioner’s               
          determination set forth in a notice of deficiency is presumed               
          correct.  E.g., Rozzano v. Commissioner, T.C. Memo. 2007-177.  On           
          brief, petitioner argues that the usual presumption of                      
          correctness is overcome in this case because “the evidence is               
          unmistakably clear; the purported Notice of Deficiency was                  
          ‘processed in error’”.  Petitioner cites no authority in support            
          of that argument; moreover, petitioner’s claim is fatally                   
          weakened by the same interpretive difficulty concerning the                 
          “processed in error” language that undermines his claim that the            
          notice was withdrawn.  Petitioner has failed to show that the               
          usual presumption does not attach to the determinations in the              
          notice.                                                                     
          IV.  Additions to Tax                                                       
               A.  Section 6651(a)(1)                                                 
               Section 6651(a)(1) provides for an addition to tax in the              
          event a taxpayer fails to file a timely return (determined with             
          regard to any extension of time for filing), unless it is shown             







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Last modified: November 10, 2007