Barry B. Bealor and Nancy L. Bealor, et al. - Page 61

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               B.  No Procedural Defense to Determined Deficiencies                   
               Petitioners have asserted a number of procedural defenses to           
          the determined deficiencies and adjustments, but none of these              
          defenses is well founded.                                                   
               We do not consider persuasive, or even relevant, the fact              
          that respondent may have accepted without protest earlier filings           
          from the partnerships.  It is well settled that the                         
          Commissioner's prior determinations do not relieve a taxpayer of            
          its burden of proving error in the Commissioner's current                   
          determination.  Coors v. Commissioner, 60 T.C. 368, 406 (1973),             
          affd. 519 F.2d 1280 (10th Cir. 1975).                                       
               Petitioners also claim that statutory developments have                
          removed respondent's authority to disallow deductions for the               
          years at issue.  They argue that Congress has instead provided a            
          different arrangement in section 448(d)(7).  That provision was             
          enacted as part of the Tax Reform Act of 1986, Pub. L. 99-514,              
          sec. 801(a), 100 Stat. 2345.  It requires a tax shelter to report           
          taxable income on the basis of a phased-in change from the cash             
          method to the accrual method, beginning in 1987.  Petitioners               
          argue that they complied with this provision.  They conclude that           
          respondent contravened this provision and acted without authority           
          in disallowing the partnerships' cash basis deduction of employee           
          leasing costs for years prior to 1987.  Petitioners assume too              
          much.  In enacting section 448(d)(7), Congress did not cancel the           
          threshold requirement that only substantive transactions will be            




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