Richard T. and Margie Wagner - Page 4




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          522-523.  We noted that the Commissioner had been prejudiced by             
          the taxpayers’ filing of the petition by virtue of the fact that            
          he was precluded from assessing and collecting the taxes which he           
          had determined the taxpayers owed.  Id. at 524.                             
               In Estate of Ming v. Commissioner, supra at 521-522, we also           
          relied on our opinion in Dorl v. Commissioner, 57 T.C. 720                  
          (1972), affd. 507 F.2d 406 (2d Cir. 1974), which held that a                
          taxpayer may not remove a case from this Court in order to refile           
          it in District Court.  We observed in Dorl that the filing of a             
          petition in this Court gives us exclusive jurisdiction under                
          section 6512(a), which acts to bar a refund suit in the District            
          Court for the same tax and the same year.  We noted that this               
          observation was supported by the legislative history accompanying           
          the enactment of the predecessors of sections 6512(a) and                   
          7459(d).  That history states that, when a taxpayer petitions the           
          Board of Tax Appeals, the Board’s decision, once final, settles             
          the taxpayer’s tax liability for the year in question even if the           
          decision resulted from a dismissal requested by the taxpayer.               
          Estate of Ming v. Commissioner, supra at 522.                               
               We believe that our holding in Estate of Ming is                       
          inapplicable to the setting at hand where petitioners have                  
          petitioned this Court under section 6320(c).  Section 7459(d)               
          applies specifically to a petition that is filed for a                      
          redetermination of a deficiency and makes no mention of a                   
          petition that is filed under section 6320(c) to review a                    




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