- 9 - extended for 1 year after that date, the period for assessment of petitioners as transferees expired no earlier than 1 year after October 1, 1992, namely, October 1, 1993. Because the Commissioner issued the notices of transferee liability on September 17, 1993, the limitations period against petitioners had not expired, and the notices were timely. Petitioners argue that the limitations period for assessment against the donor ended on the date the assessment was made, April 7, 1992. Petitioners focus on the donor's waiver of the section 6213(a) restrictions on assessment. They contend that the waiver put an end to the suspension of the period of limitations. This argument has been considered and rejected by other courts. In Sherry Frontenac, Inc. v. United States, 868 F.2d 420 (11th Cir. 1989), the taxpayers asserted that their waiver of the prohibition against assessment pursuant to section 6213(a) removed the 90-day appeal period provided in sections 7481(a) and 7483. Id. at 423. In an opinion with which we agree, the Eleventh Circuit held that the waiver under section 6213(a) did not have any effect upon the date when the orders became final under sections 7481(a) and 7483. Id. The U.S. Claims Court followed this decision in Pesko v. United States, 19 Cl. Ct. 687, 689 (1990) ("the waiver had no impact on the availability to the IRS of the entire 150-day tolling period"), affd. 918 F.2d 1581 (Fed. Cir. 1990). We follow Pesko and Sherry Frontenac.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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