- 11 - 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...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007