- 6 -
extension as contemplated by the statute". Stenclik v.
Commissioner, 907 F.2d 25, 27 (2d Cir. 1990), affg. T.C. Memo.
1989-516.
The Form 872-A extension, although of indefinite duration
when executed, by its terms provides specific procedures for its
termination. In a Court-reviewed opinion, we held that extension
agreements that contain specific termination provisions do not
expire by operation of law after a reasonable time. See Estate
of Camara v. Commissioner, 91 T.C. 957, 962 (1988) (issuance of
notices of deficiency terminated Form 872-A agreements executed
more than 5 years earlier). Rather, such agreements terminate
only by the express provisions of the agreement. See, e.g.,
Silverman v. Commissioner, 86 F.3d 260, 261-262 (1st Cir. 1996),
affg. 105 T.C. 157 (1995); Bilski v. Commissioner, 69 F.3d 64, 68
(5th Cir. 1995), affg. T.C. Memo. 1994-55; Feldman v.
Commissioner, 20 F.3d 1128, 1133 (11th Cir. 1994), affg. T.C.
Memo. 1993-17; St. John v. United States, 951 F.2d 232, 235 (9th
Cir. 1991); Stenclik v. Commissioner, supra at 28; Wall v.
5(...continued)
(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.
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