Estate of James A. Beaton, Deceased, Shirley Beaton, Executrix, and Shirley Beaton - Page 6

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          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          Revenue Code of 1954, was repealed by the so-called “Deadwood”              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.                  



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