Michael R. and Sheila Olsen - Page 6




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          followed where the Commissioner issues a notice of deficiency to            
          a taxpayer who has a pending refund action, provides for the stay           
          of the refund action and, where appropriate, the shifting of                
          jurisdiction to the Tax Court.                                              
               Section 7422(e) provides in pertinent part as follows:                 
                    SEC. 7422(e).  Stay Of Proceedings.–-If the                       
               Secretary prior to the hearing of a suit brought by a                  
               taxpayer in a district court or the United States                      
               Claims Court for the recovery of any income tax, estate                
               tax, gift tax, or tax imposed by chapter 41, 42, 43, or                
               44 (or any penalty relating to such taxes) mails to the                
               taxpayer a notice that a deficiency has been determined                
               in respect of the tax which is the subject matter of                   
               taxpayer’s suit, the proceedings in taxpayer’s suit                    
               shall be stayed during the period of time in which the                 
               taxpayer may file a petition with the Tax Court for a                  
               redetermination of the asserted deficiency, and for 60                 
               days thereafter.  If the taxpayer files a petition with                
               the Tax Court, the district court or the United States                 
               Claims Court, as the case may be, shall lose                           
               jurisdiction of taxpayer’s suit to whatever extent                     
               jurisdiction is acquired by the Tax Court of the                       
               subject matter of taxpayer’s suit for refund.  If the                  
               taxpayer does not file a petition with the Tax Court                   
               for a redetermination of the asserted deficiency, the                  
               United States may counterclaim in the taxpayer’s suit,                 
               or intervene in the event of a suit as described in                    
               subsection (c) (relating to suits against officers or                  
               employees of the United States), within the period of                  
               the stay of proceedings notwithstanding that the time                  
               for such pleading may have otherwise expired. * * *                    
               Section 7422(e) does not provide for the tolling of the                
          normal 90-day period during which a petition for redetermination            
          is required to be filed with this Court under section 6213(a).              
          Cf. sec. 6213(f)(1).  The plain language of section 7422(e)                 
          indicates that, if the Commissioner issues a notice of deficiency           
          to a taxpayer who has a pending refund action, the taxpayer must            





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