Matthew M. Perdue - Page 9




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          Fund v. H.F. Johnson, Inc., 830 F.2d 1009, 1016-1017 (9th Cir.              
          1987).                                                                      
               The Supreme Court has held that the United States is not               
          bound by State statutes of limitation in enforcing its rights.              
          For instance, in United States v. Summerlin, 310 U.S. 414 (1940),           
          the Supreme Court held that the United States' claim against the            
          estate of a deceased could not be extinguished under a State law            
          imposing an 8-month time limit on filing claims against the                 
          estate.  See Bresson v. Commissioner, 111 T.C. 172 (1998).                  
          Similarly, the Supreme Court has recognized that Federal statutes           
          of limitation override conflicting State laws.  For example, in             
          Herget v. Central Bank Co., 324 U.S. 4 (1945), the Supreme Court            
          held that a trustee in bankruptcy was precluded from attempting             
          to set aside and recover a preferential transfer by virtue of the           
          2-year statute of limitations applicable under Federal law, i.e.,           
          the Bankruptcy Code, in spite of the trustee’s argument that                
          State law allowed a 5-year period of limitations for such                   
          actions.  Consistent with these cases, we hold that the 3-year              
          statute of limitations set forth in section 6501(a) is                      
          controlling in this case.                                                   
               Our holding on this point is based on sound policy                     
          considerations.  The various statutes of limitation that Congress           
          has enacted under the Internal Revenue Code, and particularly               
          section 6501, are essential to our nation’s tax system which is             






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