- 2 - 152 (2001), and our September 4, 2002, order denying petitioner’s motion for reconsideration. Section references are to the Internal Revenue Code as in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Background In N.Y. Football Giants, Inc. v. Commissioner, supra at 158, we held that the built-in gains tax is a subchapter S item that must be determined in a TEFRA proceeding for an S corporation and that we lack jurisdiction as to petitioner’s tax years 1996 and 1997. We granted respondent’s motion to dismiss for lack of jurisdiction and to strike petitioner’s tax years 1996 and 1997, and denied petitioner’s cross-motion to dismiss for lack of jurisdiction as to petitioner’s tax year 1997 as barred by the statute of limitations. By subsequent order denying petitioner’s motion for reconsideration, we rejected petitioner’s contention that the tax matters person (TMP) lacks standing to engage in litigation on behalf of an S corporation both as untimely and on the merits. We also rejected petitioner’s contention that respondent is estopped from denying that the built-in gains tax is a subchapter S item because: (1) Equitable estoppel is an affirmative defense that must be pleaded, and petitioner did not plead estoppel; and (2) estoppel does not apply toPage: Previous 1 2 3 4 5 6 7 Next
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