Stephen C. Loadholt Trust, Debra M. Lance Trustee, et al. - Page 10




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               In sum, because we have no jurisdiction over the “underlying             
          tax liability” within the meaning of section 6330(d)(1)(B), we                
          have no jurisdiction over the instant petitions for                           
          redetermination, and we must grant respondent’s motions to                    
          dismiss.                                                                      
               Although the trustees cannot pursue their cases in this                  
          Court, they are not without a remedy.  The trustees may seek                  
          judicial review in the appropriate District Court of the United               
          States.  See sec. 6330(d)(1)(B).                                              
               To reflect the foregoing,                                                

                                              Appropriate orders of                     
                                         dismissal will be entered.                     
                                                                                       





               7(...continued)                                                          
                    the tax has been or will be made on the basis of                    
                    what would have been the correct amount of tax but                  
                    for the mathematical or clerical error, such                        
                    notice shall not be considered as a notice of                       
                    deficiency * * * and the taxpayer shall have no                     
                    right to file a petition with the Tax Court based                   
                    on such notice, nor shall such assessment or                        
                    collection be prohibited by the provisions of                       
                    subsection (a) of this section.  [Emphasis added.]                  
               As noted above, if the taxpayer so requests, a summary                   
          assessment relating to a mathematical or clerical error must be               
          abated, and any reassessment must be made subject to the                      
          deficiency procedures.  See sec. 6213(b)(2).  Such abatement and              
          reassessment procedures do not apply, however, to assessments of              
          erroneous income tax prepayment credits.  See sec. 6201(a)(3).                





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