Legal Opinion

Midland Mortg. Co. v. Commissioner

United States Tax Court

Decided February 26, 1980No. Docket No. 6742-78PublishedCited by 61 opinions

The statutory notice of deficiency upon which this case is based is solely attributable to determined income tax deficiencies resulting from the disallowance of a tentative carryback adjustment erroneously refunded pursuant to sec. 6411, I.R.C. 1954, for the same taxable years for which the corporation filed a previous petition and for which the Tax Court entered a decision which became final before the issuance of the present notice.

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The statutory notice of deficiency upon which this case is based is solely attributable to determined income tax deficiencies resulting from the disallowance of a tentative carryback adjustment erroneously refunded pursuant to sec. 6411, I.R.C. 1954, for the same taxable years for which the corporation filed a previous petition and for which the Tax Court entered a decision which became final before the issuance of the present notice. Held: Upon discovering the erroneous allowance of a tentative carryback adjustment under sec. 6411, respondent generally has the option to issue a notice of…

1Opinion of the Court

OPINION

Dawson, Judge:

This case was assigned to Special Trial Judge Francis J. Cantrel for the purpose of conducting the hearing and ruling on respondent’s “Motion to Determine Jurisdiction,” filed herein on November 14, 1979. After a review of the record, we agree with and adopt his opinion which is set forth below.1

OPINION OF THE SPECIAL TRIAL JUDGE

Cantrel, Special Trial Judge:

Petitioner, a corporation organized under the laws of the State of Oklahoma, had its principal office at Midland Center, 134 Robert S. Kerr Ave., Oklahoma City, Okla., on the date its petition was filed herein.

On March…

2Cases cited16 opinions

  1. Brannon's of Shawnee, Inc. v. CommissionerUnited States Tax Court · 1978
  2. Polachek v. CommissionerUnited States Tax Court · 1954
  3. National Committee to Secure Justice, etc. v. CommissionerUnited States Tax Court · 1957
  4. F.B. Blansett and Ethel Blansett v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  5. Neri v. CommissionerUnited States Tax Court · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Naftel v. CommissionerUnited States Tax Court · 1985
  2. Howard S. Scar and Ethel M. Scar v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1987
  3. Shea v. CommissionerUnited States Tax Court · 1999
  4. Pesch v. CommissionerUnited States Tax Court · 1982
  5. Estate of Yaeger v. CommissionerCourt of Appeals for the Second Circuit · 1989

56 more not listed; retrieve them via the Exa API.

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