- 10 - agree, however, with petitioner that she is entitled to judgment as a matter of law. The relief available under the mitigation provisions of sections 1311-1314 is limited, and the statutory provisions do not purport to permit the correction of all errors and inequities. United States v. Rushlight, 291 F.2d 508, 514 (9th Cir. 1961); Olin Mathieson Chem. Corp. v. United States, 265 F.2d 293, 296 (7th Cir. 1959); Bolten v. Commissioner, 95 T.C. 397, 403 (1990); Bradford v. Commissioner, 34 T.C. 1051, 1054 (1960); Brennen v. Commissioner, 20 T.C. 495, 500 (1953). The limited conditions under which the mitigation provisions will be applicable may be described generally as follows (with limited exceptions not here applicable): 1. A final "determination", as defined in section 1313(a), must have occurred; 2. The determination must fall within one of the specified "circumstances of adjustment" or "doubling-up" situations described in section 1312; 3. The party against whom the mitigation provisions are invoked or a related party must have maintained, with respect to the treatment of the item in question for the determination year, a position inconsistent with the treatment of the item in another year of the same or related taxpayer, which year is barred by the generally applicable period of limitation or by some other rule of law. Sec. 1311(b); 4. The party who seeks to utilize the mitigation provisions must act timely thereunder and in the proper manner to make a corrective adjustment. Sec. 1314.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011