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date of a determination (as defined in section 1313 and described
in section 1312), correction of the effect of the error is
prevented by the operation of any law or rule of law, other than
(1) sections 1311-1314 and (2) section 7122. Section 1311
provides that the effect of the error is to be corrected by an
adjustment under section 1314.
Section 1313(a)6 defines the term “determination”. Section
13127 describes the specific requirements that a determination
5
(...continued)
deficiency sent pursuant to section 6212 or before
the Tax Court, that the item described in section
1312(3)(B) should be included in the gross income
of the taxpayer for the taxable year to which the
determination relates.
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Sec. 1313 provides, in pertinent part, as follows:
SEC. 1313. DEFINITIONS.
(a) Determination.--For purposes of this part, the term
”determination” means--
(1) a decision by the Tax Court or a judgment,
decree, or other order by any court of competent
jurisdiction, which has become final;
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Sec. 1312 provides, in pertinent part, as follows:
SEC. 1312. CIRCUMSTANCES OF ADJUSTMENT.
The circumstances under which the adjustment provided
in section 1311 is authorized are as follows:
* * * * * * *
(3) Double exclusion of an item of gross income.--
* * * * * * *
(continued...)
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Last modified: May 25, 2011