- 13 - jurisdiction over that year. See Commissioner v. Gooch Milling & Elevator Co., 320 U.S. 418 (1943). Moreover, in deciding petitioners' liability for additional tax under section 72(t) for 1989, we fail to appreciate the relevance of petitioners' original reporting position for 1991. Cf. sec. 6214(b). Apart from the fact that the District Court might rule in petitioners' favor in their refund action, we are aware of the annual accounting principle, which holds that taxable income is determined on an annual, rather than on a transactional, basis. Burnet v. Sanford & Brooks Co., 282 U.S. 359, 365-366 (1931). We have therefore approached the issue of petitioners' liability for additional tax under section 72(t) for 1989 with regard only for the facts and law pertaining to that year. Alternatively, petitioners contend that even if petitioner Rhett B. Ross is liable for the additional tax under section 72(t), petitioner Sandra L. Ross is not so liable. In this regard, petitioners contend that the joint and several liability provision of section 6013(d)(3) applies only to income taxes, and that the additional tax under section 72(t) is a penalty and not a tax. We think that petitioners' contention is without merit for the following reasons. First, section 72(t) denominates the exaction that it imposes as a "tax" and not as a "penalty". Other sections of the Internal Revenue Code denominate the exactions that they impose as "penalties" or "additions to tax". See, e.g., section 6651(a)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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