Jack A. Upchurch - Page 15




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          1978), affg. in part 66 T.C. 743 (1976) and 67 T.C. 176 (1976).             
          In both Sanderling and Burford, the Commissioner issued a notice            
          of deficiency covering an incorrect taxable period longer than              
          was appropriate.  In Burford, the notice covered the calendar               
          year instead of a calendar quarter.  In Sanderling, the                     
          Commissioner issued the notice based on a liquidation date that             
          was later than the corporation’s actual liquidation date.  Both             
          courts noted in their analysis that the incorrect taxable period            
          stated in the notice of deficiency fully encompassed the proper             
          period.  Sanderling, Inc. v. Commissioner, supra at 176; Burford            
          v. Commissioner, supra at 99.                                               
               We decline petitioner’s invitation to hold that the                    
          foregoing scenario presents the only situation where a notice of            
          deficiency bearing an incorrect year would constitute a valid               
          notice.  Deriving such a meaning from Sanderling and Burford                
          disregards additional observations by the courts.  As part of               
          their reasoning, both Burford and Sanderling also look at whether           
          the taxpayer could be misled by the error in the notice.                    
          Sanderling, Inc. v. Commissioner, supra at 176; Burford v.                  
          Commissioner, supra at 99;                                                  
               Petitioner’s interpretation of Sanderling and Burford also             
          ignores our most recent caselaw (cited above) involving                     
          typographical errors in notices of deficiency.  The particular              








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