Llwellyn Greene-Thapedi - Page 22

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          would resolve certain relevant facts in this proceeding.  Because           
          we lack jurisdiction in this proceeding to determine petitioner’s           
          1992 overpayment or to order a refund or credit of petitioner’s             
          1992 taxes, and because the proposed collection action for 1992             
          is now moot, no factual issue remains which would affect the                
          disposition of the case before us.  For us to undertake to                  
          resolve issues that would not affect the disposition of this case           
          would, at best, amount to rendering an advisory opinion.  This we           
          decline to do.  Cf. LTV Corp. v. Commissioner, 64 T.C. 589, 595             
          (1975) (declining to provide an advisory opinion as to the amount           
          of net operating losses (NOLs) in post-deficiency years in a                
          deficiency case in which respondent had conceded NOLs sufficient            
          to eliminate any deficiency for the year at issue).                         
               For the reasons discussed, we shall dismiss this case as               
          moot.                                                                       

                                                  An appropriate order of             
                                             dismissal will be entered.               
               Reviewed by the Court.                                                 
               GERBER, COHEN, WELLS, HALPERN, CHIECHI, LARO, GALE, HAINES,            
          GOEKE, KROUPA, and HOLMES, JJ., agree with this majority opinion.           
               FOLEY, J., concurs in result only.                                     











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