W. August Hillenbrand and Nancy K. Hillenbrand - Page 12




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          established that “collected without assessment” applies to                  
          payments made before the Commissioner issues a notice of                    
          deficiency.  Crawford v. Commissioner, 46 T.C. 262 (1966); see              
          Bendheim v. Commissioner, 214 F.2d 26, 28 (2d Cir. 1954), affg.             
          T.C. Memo. 1953-226; see also McConkey v. Commissioner, 199 F.2d            
          892, 894 (5th Cir. 1952) (applying section 271(a) of the 1939               
          Internal Revenue Code, a predecessor of section 6211(a)); Walsh             
          v. Commissioner, 21 T.C. 1063, 1067 (1954); Anderson v.                     
          Commissioner, 11 T.C. 841, 843 (1948).  In those cases, this                
          Court lacked jurisdiction to redetermine a deficiency because the           
          “deficiency” had been satisfied by funds “collected without                 
          assessment” before the Commissioner sent the taxpayer a notice of           
          deficiency.  Crawford v. Commissioner, supra; see Bendheim v.               
          Commissioner, supra.  Moreover, section 6213(b)(4)3 provides that           

               3Sec. 6213(b)(4) provides:                                             
                    SEC. 6213(b).  Exceptions to Restriction on                       
               Assessment.--                                                          
                        *     *     *     *     *     *     *                         
                         (4) Assessment of amount paid.--Any                          
                    amount paid as a tax or in respect of a tax                       
                    may be assessed upon the receipt of such                          
                    payment notwithstanding the provisions of                         
                    subsection(a).  In any case where such amount                     
                    is paid after the mailing of a notice of                          
                    deficiency under section 6212, such payment                       
                    shall not deprive the Tax Court of                                
                    jurisdiction over such deficiency determined                      
                    under section 6211 without regard to such                         
                                                             (continued...)           






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