Barry I. Fredericks - Page 5

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               No formal act of termination of petitioner's waiver and                
          extension of the period of limitations with respect to 1977, as             
          specified in the Form 872-A, occurred in this matter before the             
          issuance of respondent's statutory notice of deficiency to                  
          petitioner and his ex-wife on July 9, 1992.                                 
                                       OPINION                                        
               Generally, the Commissioner must assess any deficiency                 
          within 3 years of the filing of a return.  Sec. 6501(a).  A                 
          taxpayer and the Commissioner can agree to extend the assessment            
          deadline if they memorialize their agreement in writing prior to            
          the expiration of the original assessment period.  Sec.                     
          6501(c)(4).                                                                 
               In the instant case, the parties executed a Form 872-A                 
          extending the period of limitations for the assessment and                  
          collection of tax for the 1977 taxable year for an indefinite               
          time.  Under the clear terms of the agreement, as set forth in              
          our findings, this extension could be terminated unilaterally by            
          either party's executing and mailing a Form 872-T, or by                    
          respondent's mailing of a statutory notice of deficiency to                 
          petitioner.  Although a Form 872-T was not submitted in this                
          case, petitioner nevertheless argues that respondent is equitably           
          estopped from relying on the Form 872-A as an indefinite                    
          extension of the period of limitations.  Respondent argues that             







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