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regarding the correct period of limitations may hinder the
resolution of factual and legal issues and create needless
litigation over collateral matters. H. Rept. 105-148, supra at
609-610, 1997-4 C.B. (Vol. 1) at 931-932; S. Rept. 105-34, supra
at 277-278, 1997-4 C.B. (Vol. 2) at 1357-1358.
E. Conclusion
We hold that the Robinsons’ period for assessment controls
the question of whether respondent is barred from making a
determination that the Robinsons have constructive dividends.
Accordingly, respondent was not time barred from determining
constructive dividends for the Robinsons’ 1992 tax year.
Petitioners have offered no other evidence or defense with
respect to the disputed constructive dividends, and therefore
respondent is sustained on that adjustment.
II. Self-Employment Income
On their 1992 and 1993 returns, the Robinsons reported
$31,015 in each year as “other income” from discharge of
indebtedness. Respondent determined that the $31,015 reported in
1992 and in 1993 was income from self employment, resulting in
the determination of self-employment taxes of $5,928 and $4,383
for 1992 and 1993, respectively. On brief, the Robinsons contend
that the amounts represent compensation or wages which are not
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