- 11 - the adjustment where such adjustment is treated as if it were a deficiency. The issuance of such notice of deficiency, in accordance with the law and regulations applicable to the assessment of deficiencies will suspend the running of the 1-year period of limitations provided in section 1314(b). * * * Any doubt as to sequencing that might have remained after examining the statute is dispelled by the Treasury Regulations, which require respondent to issue the notice of deficiency within “one year from the date of the determination”. Thus, the structure of the mitigation provisions does not leave room for a mitigation claim to be made in a notice of deficiency issued before a relevant determination. Because the notices of deficiency in the instant case were issued before the only determinations that could be relevant determinations as to petitioners herein, these notices of deficiency have not made effective mitigation claims. This analysis is consistent with, and this conclusion is identical to, that appearing in O’Donnell v. Belcher, 414 F.2d at 842-843. This conclusion also is consistent with the analyses in Benenson v. United States, 385 F.2d at 30-31 n.7, and Cory v. Commissioner, 29 T.C. 903, 907 (1958), affd. 261 F.2d 702, 704 (2d Cir. 1958), to the effect that until the decision in the first case became final (1) “there can be no certain need for an adjustment” (Benenson), and (2) the Commissioner “could not correctly determine a deficiency” for the second case (Cory).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011