Joseph Paul Freije - Page 23

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              determination of the correct tax liability for a year                   
              that has been placed in issue." [Hill v. Commissioner,                  
              95 T.C. 437, 439-440 (1990).]                                           

         Thus, section 6214(b) does not foreclose our authority (i) to                
         consider facts and issues in a nondeficiency year and on the                 
         basis thereof compute the tax liability for that year (regardless            
         of the tax liability reported by the taxpayer or assessed by the             
         Commissioner), or (ii) to employ the recomputed tax liability in             
         redetermining the tax liability for the year for which a                     
         deficiency was determined.  The limiting conditions of section               
         6214(b) are that the computation of the other year's tax                     
         liability be necessary to the redetermination of the tax                     
         liability at issue and that our recomputation not constitute a               
         determination of the other year's liability for any other                    
         purpose.                                                                     
              There is no statutory provision comparable to section                   
         6214(b) that limits the jurisdiction granted by section                      
         6330(d)(1)(A).  Nonetheless, our holding conforms to the                     
         principles of section 6214(b).  We conclude that our jurisdiction            
         under section 6330(d)(1)(A) extends to the consideration of facts            
         and issues in a nondetermination year only insofar as the tax                
         liability for that year may affect the appropriateness of the                
         collection action for the determination year.  In exercising that            
         jurisdiction, we do not determine whether any collection action              







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