Estate of Ethel Josephine Spowart Hinz - Page 64




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          In order to make that determination, in the context of the                  
          instant case we must determine whether petitioner made a valid              
          section 6166 election.                                                      
               Because our determination as to whether petitioner made a              
          valid section 6166 election can affect our resolution of the                
          parties’ dispute over the section 6651(a)(2) addition to tax in             
          the instant case--a matter over which we have undisputed                    
          jurisdiction26--it follows that we have jurisdiction to decide              
          the validity of the section 6166 election in the instant case.              
          Cf.  Estate of Bell v. Commissioner, 92 T.C. 714, 721-723 (1989),           
          affd. on another issue 928 F.2d 901 (9th Cir. 1991).  The same              
          analysis has been applied to a variety of matters, including                
          interest on overpayments (see Winn-Dixie Stores, Inc. & Subs. v.            
          Commissioner, 110 T.C. 291 (1998); Estate of Baumgardner v.                 
          Commissioner, 85 T.C. 445 (1985)), compliance with the                      
          Administrative Procedure Act (see Redhouse v. Commissioner, 728             
          F.2d 1249, 1253 (9th Cir. 1984), affg. Wendland v. Commissioner,            
          79 T.C. 355 (1982)), review of the Commissioner’s exercise of               


          26   See Estate of Young v. Commissioner, 81 T.C. 879 (1983),               
          holding this Court generally lacks jurisdiction over the sec.               
          6651(a)(2) addition to tax for failure to pay tax.  The Congress            
          believed it was appropriate for the Tax Court to have                       
          jurisdiction over this addition to tax, and therefore amended               
          sec. 6214(a) in the Tax Reform Act of 1986, Pub. L. 99-514, sec.            
          1554(a), 100 Stat. 2754, effective for any action or proceeding             
          before the Tax Court which had not become final before Oct. 22,             
          1986.                                                                       







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