Estate of James A. Beaton, Deceased, Shirley Beaton, Executrix, and Shirley Beaton - Page 9

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          must meet in order for it to be a determination that may lead to            
          an adjustment under sections 1311 and 1314.  Section 1314(b)8               
          describes the method by which this adjustment is to be made.                
               Thus, in general, the mitigation provisions apply only if              
          (1) there is an error, (2) there is a determination that meets              
          certain requirements, (3) at the time of the determination a “law           
          or rule of law” has the effect of “locking in” the error, and (4)           
          the detailed statutory “method of adjustment” in section 1314(b)            
          is complied with.                                                           
               In the instant cases, the error that respondent complains of           
          is that petitioners did not report on their 1985 tax returns the            

          7                                                                           
               (...continued)                                                         
                              (B) Items not included in income.--The                  
                         determination requires the exclusion from gross              
                         income of an item not included in a return filed             
                         by the taxpayer and with respect to which the tax            
                         was not paid but which is includible in the gross            
                         income of the taxpayer for another taxable year or           
                         in the gross income of a related taxpayer.                   
          8                                                                           
               Sec. 1314(b) provides, in pertinent part, as follows:                  
               SEC. 1314. AMOUNT AND METHOD OF ADJUSTMENT.                            
                                 *  *  *  *  *  *  *                                  
                    (b) Method of Adjustment.--The adjustment authorized in           
               section 1311(a) shall be made by assessing and collecting,             
               or refunding or crediting, the amount thereof in the same              
               manner as if it were a deficiency determined by the                    
               Secretary with respect to the taxpayer as to whom the error            
               was made or an overpayment claimed by such taxpayer, as the            
               case may be, for the taxable years or year with respect to             
               which an amount is ascertained under subsection (a), and as            
               if on the date of the determination one year remained before           
               the expiration of the periods of limitation upon assessment            
               or filing claim for refund for such taxable year or years.             
               * * *                                                                  



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