Asa Investerings Partnership, Alliedsignal, Inc., Tax Matters Partner - Page 7




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          the Code, has occurred under the provisions of Subchapter B of              
          the Code, including Section 6215.”  We disagree.7                           
               It is clear that a section 6215 assessment did not and could           
          not occur in this case.  Section 6215 requires a petition filed             
          by the taxpayer with the Tax Court and an amount redetermined as            
          the deficiency by a decision of the Tax Court which has become              
          final.8  Our jurisdiction to redetermine a deficiency arises only           
          in the case of a valid notice of deficiency and the filing of a             
          timely petition for review under section 6213(a).  Savage v.                
          Commissioner, 112 T.C. 46, 48 (1999); Monge v. Commissioner, 93             
          T.C. 22, 27 (1989).9                                                        


               7The mere prospect, assuming one does exist here, of a sec.            
          6215 assessment’s being made is not sufficient to confer                    
          jurisdiction upon this Court for purposes of sec. 7481(c).  Sec.            
          7481(c)(2)(A)(i) requires that “an assessment has been made”, not           
          “will be made” or “should have been made”.  A motion to                     
          redetermine interest which is based on the mere prospect of a               
          sec. 6215 assessment would be premature.                                    
               8Sec. 6215 provides:                                                   
                    SEC. 6215(a).  General Rule.--If the taxpayer                     
               files a petition with the Tax Court, the entire amount                 
               redetermined as the deficiency by the decision of the                  
               Tax Court which has become final shall be assessed and                 
               shall be paid upon notice and demand from the                          
               Secretary.  No part of the amount determined as a                      
               deficiency by the Secretary but disallowed as such by                  
               the decision of the Tax Court which has become final                   
               shall be assessed or be collected by levy or by                        
               proceeding in court with or without assessment.                        
               9Sec. 6230(a)(2)(A)(i) does not discharge the necessary                
          requirements that must exist for the deficiency procedures to               
          apply, and, indeed, that provision incorporates subch. B (subtit.           
          F, ch. 63 of the Code) in its entirety.                                     




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