- 8 - entered. Also, at the time of the issuance of the deficiency notice (February 9, 1990), there remained unexpired 68 days of the section 6501 period of limitations, which had been extended to April 18, 1990. That remaining period of 68 days was suspended by the issuance of the deficiency notice, and should therefore be further added to the 150-day suspension provided by section 6503(a)(1), for a total of 218 days. Such addition of the unexpired 68 days to the period of suspension is firmly supported by established law. It has long been held that it is appropriate to add or "tack on" the days remaining when the limitations period was interrupted or suspended by the issuance of a deficiency notice. McClamma v. Commissioner, 76 T.C. 754, 758 (1981); see also Bales v. Commissioner, 22 T.C. 355, 359 (1954) (quoting Olds & Whipple v. United States, 86 Ct. Cl. 705, 22 F. Supp. 809, 819 (1938) (interpreting section 277(b) of the 1926 Revenue Act, the predecessor of section 6503(a)(1): "We think the language of the statute is not reasonably susceptible to any other construction. It plainly states that the running of the statute of limitation shall be suspended and this can only mean that when the period of suspension ceases the limitation period again commences to run.")). With the addition of the 68 days to the 150 days, the limitations period for assessment against the donor expired no earlier than October 1, 1992. Since, pursuant to section 6901(c), the limitations period for assessment of the transfereesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011