Cynthia Marie Bye - Page 5




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          1996 rollover, which claim still could be acted upon.  Respondent           
          further explained that “the issuance of the 1994 statutory notice           
          should not be used as a means to deny petitioner the benefit of             
          the election for 1994.”                                                     
               We understand from petitioner’s testimony that she would               
          like to roll over the gain from the sale of the second house she            
          sold (the 2105 house) rather than the gain realized from the sale           
          of the first house she sold (the Ridgefield house).  She                    
          explained that her accountant incorrectly rolled over the gain              
          from the sale of the Ridgefield house on her Form 1040X for 1994.           
          She also testified that her accountant had incorrectly reported             
          the sale of the 2105 house as the sale of rental property on her            
          1996 Form 1040.                                                             
               Although we are sympathetic to petitioner’s situation, we              
          are unable to address her 1996 tax year.  This is a court of                
          limited jurisdiction.  See sec. 7442.  We lack jurisdiction to              
          redetermine petitioner’s tax liability in years for which the               
          Commissioner has not issued a notice of deficiency.  See secs.              
          6213(a) and 6214(a) and (b).  The only notice of deficiency                 
          issued to petitioner was with respect to her 1994 tax year.                 
               Petitioner’s rollover of gain from the sale of the                     
          Ridgefield house into the 2106 house comports with the                      
          requirements of section 1034.  The provisions of section 1034 are           
          mandatory; a taxpayer cannot elect to have gain recognized under            






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