- 16 - transaction is to be given its tax effect in accord with what actually occurred and not in accord with what might have occurred." Don E. Williams Co. v. Commissioner, 429 U.S. 569, 579 (1977) (quoting Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974)). Accordingly, we decline to consider what might have been if petitioner had filed such an application. We have considered petitioner's remaining contentions and find them unpersuasive. In conclusion, respondent has not assessed and is not attempting to collect any deficiency at issue in the present case. Consequently, we will deny petitioner's Motion to Restrain Assessment or Collection. To reflect the foregoing, An order denying petitioner's Motion to Restrain Assessment or Collection will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011