Lowell L. and Marilyn A. Robertson - Page 61




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                  As to the phantom income, petitioners ask the Court                 
             to order respondent to take into account "the income                     
             Petitioners reported from the Roscrea Trust transaction                  
             in later years and the overpayments that result from the                 
             reporting of that income."  (Emphasis added.)  None of the               
             "later years", viz, 1987 through 1990, is before the Court               
             in this proceeding, however, and section 6214(b) deprives                
             us of jurisdiction to determine whether the tax for any                  
             of those years has been overpaid or underpaid.                           
                  We do not agree with petitioners' argument that                     
             application to 1984 of later years' overpayments (if                     
             any) is necessary because otherwise "the amount of                       
             the deficiency for 1984 will be incorrectly overstated                   
             --in a manner inconsistent with this Court's Opinion".                   
             The issue presented for decision in Robertson I was                      
             whether petitioners were entitled to deductions in 1984                  
             for accelerated depreciation on the computer equipment                   
             purchased by Roscrea Trust and for the interest paid on                  
             the indebtedness incurred by the Trust to purchase such                  
             equipment.  The deficiency computed in petitioners' 1984                 
             tax, attributable to the disallowance of such deductions,                
             is not affected by the issue whether petitioners had                     
             overstated their income in a later year by including rental              
             income from the equipment.  In accordance with our annual                






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