Leonard A. Gross - Page 4

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          Liquidating Co. v. Commissioner, 64 T.C. 713, 716 (1975)                    
          (involving corporate income tax and withholding tax where the               
          same corporation was the withholding agent); Rowan Cotton Mills             
          Co. v. Commissioner, 1 T.C. 865 (1943) (income, excess profits,             
          and unjust enrichment tax), affd. on this issue 140 F.2d 277 (4th           
          Cir. 1944); Towe v. Commissioner, T.C. Memo. 1992-689 (income tax           
          and gift tax); see also Michael v. Commissioner, 75 F.2d 966, 969           
          (2d Cir. 1935) (transferee liability of a corporation and                   
          individual income tax), affg. 22 B.T.A. 639 (1931).  The purpose            
          of section 6212(c) is "to prevent repetitious litigation with               
          respect to the same tax for the same year."  S-K Liquidating Co.            
          v. Commissioner, supra at 718.                                              
               In this case, the notices of deficiency each concern a                 
          different type of tax liability, which would emanate from                   
          different returns, and concern taxable periods that are defined             
          differently.  Although the income tax and excise tax deficiencies           
          are based on the same underlying factual premise (transfers to              
          petitioner from his pension plan), they are distinct.  The                  
          issuance of notices of deficiency by respondent is governed by              
          section 6212(c)(1).  That statutory provision restricts                     
          respondent from determining an additional deficiency, in income             
          tax or of chapter 43 tax, for the same taxable year.  Respondent            
          determined an income tax deficiency for 1991 in the February                
          notice and an excise tax deficiency for 1991 in the August                  
          notice.  Respondent did not determine an additional deficiency              




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