- 146 - 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 bePage: Previous 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Next
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