- 4 - of deficiency disallowing that credit. The Holloways consented to an assessment of the math error change, and their deposit was used to pay it 90 days after the Commissioner sent them the notice of deficiency. See Rev. Proc. 84-58, sec. 4.02(3), 1984-2 C.B. 501, 502. The Holloways responded by timely filing a petition for redetermination of their 2002 tax. The parties stipulated nearly all the facts in the case, but there was a brief trial in Dallas (though the Holloways were residents of Oklahoma when they filed their petition). After the trial, the Holloways conceded that they were not entitled to the adoption credit. Discussion The Commissioner initially challenged this Court’s jurisdiction because the only issue remaining for us to decide is the amount of the Holloways’ credit under section 29 or 43, which he had adjusted with a math error notice instead of a notice of deficiency. But, as he now recognizes, once the Holloways properly “petitioned the Tax Court to redetermine the asserted deficiency, the Tax Court acquired jurisdiction to decide the entire gamut of possible issues that controlled the determination of the amount of tax liability for the year in question.” Russell v. United States, 592 F.2d 1069, 1072 (9th Cir. 1979); see sec. 6512(a). We therefore agree with the parties that we have jurisdiction.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011