- 5 - assessment or that respondent ever made an assessment relative to this distribution. The payments and credits on the transcripts reflect payment of the tax liabilities reported on the returns including interest and penalties, and the transcripts reflect no amounts in excess of the tax liabilities for the 2 years as reported on petitioners' income tax returns. Respondent's position is that the tax due on the IRA distribution was not assessed, and, since petitioners instituted this action, respondent is precluded from making an assessment. The Court agrees with respondent that the transcripts of petitioners' accounts for 2000 and 2001 do not reflect an assessment of the deficiency attributable to the IRA distribution to petitioners. Generally, no assessment or collection of a deficiency in tax can be made against a taxpayer until there is mailed to the taxpayer a notice of deficiency under section 6212(a). Once a notice of deficiency is issued, and the taxpayer files a timely petition with this Court, the restrictions on assessment and collection generally continue until such time as the decision of this Court becomes final. Any premature assessment or collection of a deficiency may be enjoined by a proceeding in a proper court, including the Tax Court. Sec. 6213(a). The restrictions on assessment and collection do not apply in certain situations set out in section 6213(b), (c), (d), andPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011