Robert E. Wadlow and Connie V. Wadlow - Page 6




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          6512(b)(3)(B) could be applicable.  Under this latter section,              
          the termination of the period of limitations within which a claim           
          can be filed is tolled by the mailing of the notice of deficiency           
          if a claim for refund could have been filed within section                  
          6511(b)(2), (c), or (d), on the date of the mailing of the notice           
          of deficiency (mailing date).  As stated, no valid refund claims            
          were filed in this case before the respective mailing dates.                
               Petitioners contend that, pursuant to section 183(e), see              
          infra, section 6511(c) controls by virtue of the filing of Forms            
          5213 with petitioners' 1990, 1991, 1992, and 1993 returns,                  
          because, say petitioners, Form 5213 is tantamount to an                     
          "extension by agreement" pursuant to section 6501(c)(4).  Section           
          6511(c) provides special rules relating to the general                      
          limitations on credits and refunds provided in section 6511(a)              
          and (b) when the parties enter into an agreement described in               
          section 6501(c)(4).                                                         
               Respondent counters that the automatic extension of the                
          period of assessment occasioned by petitioners' section 183(e)              
          election on Form 5213 is not an "agreement" within the meaning of           
          section 6501(c)(4).  Respondent contends that the fact that he              
          did not sign Forms 5213 fails to comply with the requirement                
          under section 6501(c)(4) and section 301.6501(c)-1(d), Proced. &            
          Admin. Regs., that both respondent and the taxpayer consent in              
          writing to extend the period of assessment.                                 





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