Estate of James A. Beaton, Deceased, Shirley Beaton, Executrix, and Shirley Beaton - Page 10

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          income that, respondent contends, Beaton and Steiner received on            
          the occasion of the conversion of their VeloBind Junior Common              
          Stock--Series A into VeloBind common stock.  When our                       
          determination that this conversion occurred in 1985, and not                
          1984, became final (the determination that respondent contends is           
          described in section 1312), 1985 was closed by the statute of               
          limitations.                                                                
               Section 1314(b) directs respondent to precede “in the same             
          manner as if it [the claimed adjustment] were a deficiency                  
          determined by the Secretary with respect to the taxpayer as to              
          whom the error was made”--e.g., by notices of deficiency to                 
          petitioners.  Section 1314(b) then provides its own statute of              
          limitations--i.e., “as if on the date of the determination one              
          year remained before the expiration of the periods of limitation            
          upon assessment * * * for such taxable year”.                               
               This statutory structure envisions a two-step procedure:  A            
          determination, followed by the issuance of a notice of deficiency           
          within 1 year after the determination.  See Benenson v. United              
          States, 385 F.2d 26, 31 (2d Cir. 1967).                                     
               Section 1.1314(b)-1(b), Income Tax Regs., provides in                  
          pertinent part, as follows:                                                 
                    (b) For the purpose of the adjustments authorized by              
               section 1311, the period of limitations upon the making of             
               an assessment or upon refund or credit, as the case may be,            
               for the taxable year of an adjustment shall be considered as           
               if, on the date of the determination, one year remained                
               before the expiration of such period.  The Commissioner thus           
               has one year from the date of the determination within which           
               to mail a notice of deficiency in respect of the amount of             



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