Legal Opinion

Asa Investerings P'Ship v. Comm'r

United States Tax Court

Decided May 22, 2002No. 27320-96Published

P filed a motion to redetermine interest under sec. 7481(c), I.R.C. R moves to dismiss for lack of jurisdiction on the basis that a sec. 6215, I.R.C., assessment has not been made.

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P filed a motion to redetermine interest under sec. 7481(c), I.R.C. R moves to dismiss for lack of jurisdiction on the basis that a sec. 6215, I.R.C., assessment has not been made. Held : Sec. 7481(c), I.R.C., requires that "an assessment has been made by the Secretary under section 6215". An assessment under sec. 6215, I.R.C., can only occur where a notice of deficiency has been issued, a sec. 6213(a), I.R.C., petition has been filed, and the Tax Court has redetermined or sustained a deficiency by a decision that has become final. The instant case involves a unified partnership proceeding…

1Opinion of the Court

ASA INVESTERINGS PARTNERSHIP, ALLIEDSIGNAL, INC., TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Asa Investerings P'Ship v. Comm'r

No. 27320-96.

United States Tax Court

118 T.C. 423; 2002 U.S. Tax Ct. LEXIS 26; 118 T.C. No. 26;

May 22, 2002, Filed

Petitioner's motion to redetermine interest denied for lacked of jurisdiction.

P filed a motion to redetermine interest under sec.

7481(c), I.R.C. R moves to dismiss for lack of jurisdiction on

the basis that a sec. 6215, I.R.C., assessment has not been

made.

Held : Sec. 7481(c), I.R.C., requires that "an

assessment has been…

2Cases cited15 opinions

  1. Maxwell v. CommissionerUnited States Tax Court · 1986
  2. Monge v. CommissionerUnited States Tax Court · 1989
  3. William H. Kenner and Eleanor v. Kenner v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1968
  4. White v. CommissionerUnited States Tax Court · 1990
  5. Asa Investerings Partnership,appellants v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 2000

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