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6503(a). Specifically, section 6503(a) provides that the
limitations period
shall * * * be suspended for the period during which
the Secretary is prohibited from making the assessment
or from collecting by levy or a proceeding in court
(and in any event, if a proceeding in respect of the
deficiency is placed on the docket of the Tax Court,
until the decision of the Tax Court becomes final), and
for 60 days thereafter. [Emphasis added.]
The result of the statutory design is that, even when the
bankruptcy court has determined liabilities that are also at
issue in a case before this Court, while an assessment may be
made earlier, the time within which respondent must assess those
liabilities is suspended until the decision of this Court
"becomes final".6
Petitioner relies on Valley Die Cast Corp. v. Commissioner,
T.C. Memo. 1983-103. In that case, decided under the old
Bankruptcy Act and before the Bankruptcy Code was enacted
6 The Internal Revenue Code describes the finality of our
decisions in considerable detail. Sec. 7481(a) provides that a
decision of the Tax Court shall become final "Upon the expiration
of the time allowed for filing a notice of appeal, if no such
notice has been duly filed within such time". Sec. 7483 provides
that "Review of a decision of the Tax Court shall be obtained by
filing a notice of appeal with the clerk of the Tax Court within
90 days after the decision of the Tax Court is entered." Putting
secs. 7481(a) and 7483 together, a decision of the Tax Court (if
unappealed) becomes "final" for purposes of sec. 7481, and hence
"final" within the meaning of sec. 6503(a), 90 days after the
decision is entered. Additionally, our Rules provide that a
decision may be based upon a dismissal. Rule 123(d) provides
that "A decision rendered upon a default or in consequence of a
dismissal, other than a dismissal for lack of jurisdiction, shall
operate as an adjudication on the merits."
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