- 4 - 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 deficiencyPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011