- 10 - Midwestern loan in their basis in stock. Petitioners contend that, had the IRS raised an issue regarding basis in those years, they would have corrected any error before 1993 and 1994 when their amount of flow-through loss was much greater. Failure to raise an issue in one tax year does not preclude or affect the correct determination of that issue in another year. See, e.g., Tollefsen v. Commissioner, 52 T.C. 671, 681 (1969), affd. 431 F.2d 511 (2d Cir. 1970). Respondent’s failure to correct the basis allocation by petitioners in 1991 and 1992 does not prevent the correct treatment of that issue for 1993 and 1994. See Dickman v. Commissioner, 465 U.S. 330 (1984); Dixon v. United States, 381 U.S. 68, 72-75 (1965); Automobile Club of Michigan v. Commissioner, 353 U.S. 180, 183-184 (1957); Schuster v. Commissioner, 800 F.2d 672, 676 (7th Cir. 1986), affg. 84 T.C. 764 (1985). We have carefully considered all remaining arguments made by petitioners for a result contrary to those expressed herein, and, to the extent not discussed above, they are irrelevant, without merit, or not supported by the record. Petitioners apparently believe that this case was processed as a small tax case under section 7463 because of the form of their petition filed June 1, 1998. However, the combined amounts placed in dispute for 1993 exceeded the $10,000 limitation in effect when the petition was filed, prior to the increase toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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