Estate of James A. Beaton, Deceased, Shirley Beaton, Executrix, and Shirley Beaton - Page 8

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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.                                       
          6                                                                           
               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;                             
          7                                                                           
               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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