- 17 - after the 1993 taxable year, petitioner would no longer be allowed to recover those taxes by virtue of a carryback. Section 7605(b) is not violated in a case such as this, where the Commissioner simply applies the facts, figures, and other data within his lawful possession with an eye towards a legitimate governmental purpose of determining the correct tax liability of a taxpayer under examination. See Jackson v. Commissioner, T.C. Memo. 1982-556; see also Pleasanton Gravel Co. v. Commissioner, 64 T.C. 510, 528 (1975), affd. per curiam 578 F.2d 827 (9th Cir. 1978). We also find it meaningful that the revenue agent was contemporaneously considering issues as to the personal income tax liability of Mr. Ashare, who was petitioner's officer, director, sole shareholder, and key employee. That the Commissioner may glean from the books of an individual third party such as Mr. Ashare information that is relevant to the tax liability of his or her controlled entity does not necessarily mean that the Commissioner performs an improper second examination of the entity under section 7605(b). See Geurkink v. United States, supra at 631 ("We emphasize that sec. 7605(b) relates to a second examination of books of account of a taxpayer and does not apply to an examination of books of account of a third person."). In some settings, the Commissioner's examination of the books of a corporation's officer, shareholder,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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