- 12 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011