§1313 — Definitions
27 cases·5 followed·1 distinguished·21 cited—19% support
Statute Text — 26 U.S.C. §1313
For purposes of this part, the term “determination” means—
a decision by the Tax Court or a judgment, decree, or other order by any court of competent jurisdiction, which has become final;
a closing agreement made under section 7121;
a final disposition by the Secretary of a claim for refund. For purposes of this part, a claim for refund shall be deemed finally disposed of by the Secretary—
as to items with respect to which the claim was allowed, on the date of allowance of refund or credit or on the date of mailing notice of disallowance (by reason of offsetting items) of the claim for refund, and
as to items with respect to which the claim was disallowed, in whole or in part, or as to items applied by the Secretary in reduction of the refund or credit, on expiration of the time for instituting suit with respect thereto (unless suit is instituted before the expiration of such time); or
under regulations prescribed by the Secretary, an agreement for purposes of this part, signed by the Secretary and by any person, relating to the liability of such person (or the person for whom he acts) in respect of a tax under this subtitle for any taxable period.
Notwithstanding section 7701(a)(14), the term “taxpayer” means any person subject to a tax under the applicable revenue law.
For purposes of this part, the term “related taxpayer” means a taxpayer who, with the taxpayer with respect to whom a determination is made, stood, in the taxable year with respect to which the erroneous inclusion, exclusion, omission, allowance, or disallowance was made, in one of the following relationships:
husband and wife,
grantor and fiduciary,
grantor and beneficiary,
fiduciary and beneficiary, legatee, or heir,
decedent and decedent’s estate,
partner, or
member of an affiliated group of corporations (as defined in section 1504).
27 Citing Cases
visions - ,16 -- apply because: t (1) Thesparties entered into a stipulation a regarding the amount of embezzlement income that was includable in petitioner' s income for 1993 and that stipulation constitutes a determination within the . meaning of section. 1313 (a) ;- (2) the determination adopts a tax treatment of the embezzlement : income that is-inconsistent with a different and erroneous tax-position involving the embezzlement incomet (3) ther connection. between the two inconsistent positi
(a) General Rule.--If a determination (as defined in section 1313) is described in one or more of the paragraphs of section 1312 and, on the date of the determination, correction of the effect of the error referred to in the applicable paragraph of section 1312 is prevented by the operation of any law or rule of law, other than this part [i.e., secs.
(a) General Rule.--If a determination (as defined in section 1313) is described in one or more of the paragraphs of section 1312 and, on the date of the determination, correction of the effect of the error referred to in the applicable paragraph of section 1312 is prevented by the operation of any law or rule of law, other than this part [i.e., secs.
Rule 142(a); see also secs.
Section 1311 applies only ifa determination as defined in section 1313 is described in one or more paragraphs ofsection 1312.
§ 1313, the absence of assessments, and the manner in which the respondent made his determination. None of those assignments of error relate directly to the respondent’s determinations. Petitioner objected to the motion to strike. In support of that objection, however, she added little to the petition. She made - 5 - no effort to identify facts te
§ 1313, the absence of assessments, and the manner in which the respondent made his determination. None of those assignments of error relate directly to the respondent’s determinations. Petitioner objected to the motion to strike. In support of that objection, however, she added little to the petition. She made no effort to identify facts tending t