Robert E. Wadlow and Connie V. Wadlow - Page 26




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          periods for filing their claims for refund were extended by                 
          agreement pursuant to section 6511(c).                                      
               Section 6511(c) provides that the normal period of                     
          limitations for filing refund claims is extended if there was "an           
          agreement under the provisions of section 6501(c)(4) extending              
          the period for assessment of a tax".  Section 6501(c)(4)                    
          provides:                                                                   
                    (4) Extension by agreement.--Where, before the                    
               expiration of the time prescribed in this section for                  
               the assessment of any tax imposed by this title, * * *                 
               both the Secretary and the taxpayer have consented in                  
               writing to its assessment after such time, the tax may                 
               be assessed at any time prior to the expiration of the                 
               period agreed upon.  The period so agreed upon may be                  
               extended by subsequent agreements in writing made                      
               before the expiration of the period previously agreed                  
               upon.  [Emphasis added.]                                               
          Section 301.6501(c)-1(d), Proced. & Admin. Regs., provides:                 
                    (d) Extension by agreement.  The time prescribed                  
               by section 6501 for the assessment of any tax (other                   
               than the estate tax imposed by chapter 11 of the Code)                 
               may, prior to the expiration of such time, be extended                 
               for any period of time agreed upon in writing by the                   
               taxpayer and the district director or an assistant                     
               regional commissioner.  The extension shall become                     
               effective when the agreement has been executed by both                 
               parties.  The period agreed upon may be extended by                    
               subsequent agreements in writing made before the                       
               expiration of the period previously agreed upon.                       
               [Emphasis added.]                                                      
               It is apparent from the facts in this case that petitioners            
          and respondent never executed a written agreement to extend the             
          period of limitations pursuant to section 6501(c)(4).  It follows           
          that the statutory predicate to our overpayment jurisdiction                





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