Robert W. and Vivian Toan - Page 6




                                        - 6 -                                         

          determining a $29,311.50 deficiency in their 1980 Federal income            
          tax and a $1,465.58 addition thereto under section 6653(a).  The            
          1984 notice did not contain any adjustments related to Catamount            
          and did not assert an addition to tax under section 6659 with               
          respect to Catamount.  Petitioners timely petitioned this Court             
          to redetermine the determinations reflected in the 1984 notice,             
          see Toan v. Commissioner, docket No. 26011-84 (Toans’ individual            
          case), and the Court entered a stipulated decision in that case             
          on December 9, 1988.  The Toans’ individual case did not involve            
          any adjustments related to Catamount, and it did not involve the            
          addition to tax under section 6659 with respect to Catamount.               
                                     Discussion                                       
               Petitioners argue primarily that this Court’s decision in              
          the Toans’ individual case bars respondent from assessing for               
          1980 any additional amount; e.g., the disputed addition to tax              
          under section 6659 for that year.  Petitioners assert that the              
          addition to their 1980 tax under section 6659 was not a                     
          partnership item that was subject to the unified audit and                  
          litigation procedures of the Tax Equity and Fiscal Responsibility           
          Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324,             
          648, but had to be determined in the Toans’ individual case.                
          Alternatively, petitioners argue, any assessment under the 1980             
          notice is time barred under section 6501.  Petitioners assert               
          that the addition to tax under section 6659 was an affected item            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011