Jack A. Upchurch - Page 13

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               The circumstances surrounding the issuance of the deficiency           
          notice lend further support for our conclusion that petitioner              
          could not have been misled as to the taxable year involved.                 
          Petitioner knew that his 1996 gift tax return was under                     
          examination and participated in its examination.  Petitioner’s              
          representative spent a considerable amount of effort trying to              
          justify the valuation of the gifts petitioner made in 1996 that             
          gave rise to the 1996 gift tax deficiency.  Petitioner                      
          acknowledged the potential deficiency for 1996 gift tax in his              
          written protest of the 30-day letter proposing the deficiency and           
          explaining the adjustments.  Petitioner thereafter participated             
          in Appeals office review of the examination officer’s findings.             
               Petitioner could not reasonably have been misled by the                
          references to the 1995 taxable year when he received the notice             
          of deficiency after 3 years of review and correspondence relating           
          to his 1996 gift tax return and when the notice and attached                
          schedules exclusively contained figures, explanations, and                  
          adjustments corresponding to his 1996 gift tax return.                      
               Petitioner has not convinced us that any other reasoning               
          should apply to this case.  Petitioner selected the three main              
          cases where this Court has held the notices of deficiency                   
          invalid.  These cases that petitioner relies upon are                       
          distinguishable:  Century Data Sys. Inc. v. Commissioner, 80 T.C.           
          529 (1983), Atlas Oil & Ref. Corp. v. Commissioner, 17 T.C. 733             

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