- 10 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011