Estate of Marvin E. Greenfield, Deceased, Barbara Greenfield, Personal Representative, and Barbara Greenfield - Page 6




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          deficiency after the 3-year period of limitations.  Adler v.                
          Commissioner, supra at 540.  If the taxpayer establishes a prima            
          facie case, the burden of going forward shifts to the                       
          Commissioner to show that the bar of the statute of limitations             
          is not applicable.  Id.  The Commissioner may meet this burden by           
          introducing a consent, valid on its face, that extends the period           
          of limitations to the date of the mailing of the notice of                  
          deficiency.  See Concrete Engg. Co. v. Commissioner, 58 F.2d 566            
          (8th Cir. 1932), affg. 19 B.T.A. 212 (1930); Lefebvre v.                    
          Commissioner, T.C. Memo. 1984-202, affd. 758 F.2d 1340 (9th Cir.            
          1985).  Once the Commissioner has established that the                      
          limitations period was extended by way of the taxpayer’s consent,           
          the burden shifts back to the taxpayer to show affirmatively that           
          the consent is invalid.  See Adler v. Commissioner, supra; Ryan             
          v. Commissioner, T.C. Memo. 1991-49.  The burden of persuasion              
          never shifts from the taxpayer who has pleaded the statute of               
          limitations defense.  See Ryan v. Commissioner, supra; see also             
          Feldman v. Commissioner, 20 F.3d 1128, 1132 (11th Cir. 1994),               
          affg. T.C. Memo. 1993-17.                                                   
               The Greenfields signed Form 872-A on June 10, 1986, before             
          the expiration of the period of limitations on August 16, 1986,             
          and delivered that form to respondent.  Respondent was justified            
          in treating Form 872-A as an effective extension of the period of           
          limitations.                                                                







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