Robert L. Perkins - Page 11




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          by virtue of his making a submission to the Appeals Office in               
          response to the Letter 105C (i.e., petitioner’s Appeals request).           
               A.   Challenges to Self-Assessed Amount                                
               A portion of the underlying tax liability was reported by              
          petitioner as due on his return.  Under Montgomery v.                       
          Commissioner, supra, petitioner was entitled to challenge that              
          portion of the liability.  Petitioner’s earlier Appeals request             
          concerned only the liability arising from respondent's                      
          disallowance of petitioner's claimed capital losses exceeding               
          $3,000.  Thus, the Appeals employee's position that petitioner              
          was precluded from challenging any portion of the underlying                
          liability was erroneous.                                                    
               B.   Challenges to Section 6213(b)(1) Assessment                       
               The remaining portion of the underlying tax liability is               
          attributable to the additional assessment made by respondent                
          pursuant to section 6213(b)(1), resulting from the disallowance             
          of petitioner’s claimed capital losses in excess of the $3,000              
          capital loss limitation of section 1211(b).8  The notice of                 

               8 We are satisfied that respondent was entitled to make this           
          assessment under sec. 6213(b)(1).  Petitioner's claimed                     
          $55,778.28 capital loss constituted a "mathematical or clerical             
          error" within the meaning of sec. 6213(b)(1) because it was "an             
          entry on a return of a deduction * * * in an amount which exceeds           
          a statutory limit imposed by subtitle A [of Title 26]", which               
          limit "is expressed * * * as a specified monetary amount", and              
          "the items entering into the application of such limit appear on            
          such return".  Sec. 6213(g)(2)(E).  With regard to the last                 
          requirement, we note that the Schedule D belatedly submitted by             
          petitioner disclosed to respondent that the claimed $55,778.28              
                                                             (continued...)           





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