Mun Li Fong - Page 10

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          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.                                   






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