Doggett v. Commissioner
United States Tax Court
Rule 121, Tax Court Rules of Practice and Procedure. -- In 1972, the Commissioner issued a notice of deficiency determining that the petitioners realized taxable gain from the sale of stock in 1969. Subsequently, the Commissioner issued another notice of deficiency determining that the petitioners realized such gain in 1972. The Commissioner concedes that the subsequent notice of deficiency is an alternative determination, and not a cumulative one.
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Rule 121, Tax Court Rules of Practice and Procedure. -- In 1972, the Commissioner issued a notice of deficiency determining that the petitioners realized taxable gain from the sale of stock in 1969. Subsequently, the Commissioner issued another notice of deficiency determining that the petitioners realized such gain in 1972. The Commissioner concedes that the subsequent notice of deficiency is an alternative determination, and not a cumulative one. Held, the Commissioner did not, as a matter of law, abandon his original determination when he made a subsequent alternative determination, and…
1Opinion of the Court
OPINION
Simpson, Judge:
This matter arises because the Commissioner has issued two notices of deficiency with respect to the same transaction. In a notice of deficiency dated September 19, 1972 (the first notice), he determined a deficiency of $13,226.41 in the petitioners’ income tax for 1969. Such deficiency was based upon a finding that they realized long-term capital gain in that year of $70,387.57 from the sale of stock in the Yellow Cab Co. of Raleigh, Inc., which could not be reported in accordance with section 453 of the Internal Revenue Code of 1954 (relating to the use of the…
2Cases cited17 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Shiosaki v. CommissionerUnited States Tax Court · 1974
- Nat Harrison Assoc., Inc. v. CommissionerUnited States Tax Court · 1964
- Papineau v. CommissionerUnited States Tax Court · 1957
- Hoeme v. CommissionerUnited States Tax Court · 1974
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dixson Int'l Service Corp. v. CommissionerUnited States Tax Court · 1990
- Bouterie v. CommissionerCourt of Appeals for the Fifth Circuit · 1994
- Powell v. CommissionerUnited States Tax Court · 1988
- Barkley Co. v. CommissionerUnited States Tax Court · 1987
- Kean v. Comm'rUnited States Tax Court · 2003
18 more not listed; retrieve them via the Exa API.