- 6 - petitioners’ 1985 year in the instant cases because the notices of deficiency were issued before a determination under section 1313(a) constituting a mitigating event had occurred. Petitioners contend that the mitigation provisions under sections 1311-1314 do not apply to petitioners’ 1985 year because (1) the notices of deficiency were issued before a determination under section 1313(a) constituting a mitigating event had occurred, and (2) there has not yet been a determination described in section 1312(3)(B). We agree with respondent and with petitioners’ first contention. The question before us appears to be one of first impression for this Court; it is whether a notice of deficiency can open for limited purposes an otherwise closed year, when that notice (1) alleges the applicability of the mitigation provisions to make an adjustment in the closed year, and (2) was issued before the occurrence of a mitigating “determination”. Or, as respondent puts it, the question is “whether a premature notice of deficiency can be cured”. “The purpose of sections 1311-13154 is to mitigate the effect of the statute of limitations in certain carefully described situations.” Bradford v. Commissioner, 34 T.C. 1051, 4 Sec. 1315, a special effective date provision for the mitigation provisions revision by the enactment of the Internal Revenue Code of 1954, was repealed by the so-called “Deadwood” title of the Tax Reform Act of 1976. of Pub.L. 94-455, Sec. 1901(a)(143) 90 Stat. 1520, 1788. Secs. 1311-1314 remain.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011