Joseph Paul Freije - Page 22

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         outstanding liability for 1995 representing an assessment for                
         failure to file and failure to pay additions to tax as well as               
         interest.                                                                    
              For the foregoing reasons, we hold that our jurisdiction                
         under section 6330(d)(1)(A) encompasses consideration of facts               
         and issues in nondetermination years where the facts and issues              
         are relevant in evaluating a claim that an unpaid tax has been               
         paid.                                                                        
              In reaching this conclusion, we are mindful that in the case            
         of our deficiency jurisdiction, section 6214(b) imposes                      
         limitations on our jurisdiction with respect to years other than             
         the year for which a deficiency has been determined.  Section                
         6214(b) provides that, in redetermining a deficiency of income               
         tax for any taxable year, this Court "shall consider such facts              
         with relation to the taxes for other years * * * as may be                   
         necessary correctly to redetermine the amount of such deficiency,            
         but in so doing shall have no jurisdiction to determine whether              
         or not the tax for any other year * * * has been overpaid or                 
         underpaid."  In interpreting this provision--                                
              We have distinguished our authority under section                       
              6214(b) to compute a tax for a year not before the                      
              Court from our lack of authority under that same                        
              section to "determine" a tax for such year.  In Lone                    
              Manor Farms, Inc. v. Commissioner, 61 T.C. 436, 440                     
              (1974), affd. without published opinion 510 F.2d 970                    
              (3d Cir. 1975), we stated that section 6214(b) "does                    
              not prevent us from computing, as distinguished from                    
              'determining', the correct tax liability for a year not                 
              in issue when such a computation is necessary to a                      





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