- 11 - any such period(s) is sent to the taxpayer(s) on or before that date, then the time for assessing the tax shall be further extended by the number of days the assessment was previously prohibited, plus 60 days. (2) This agreement ends on the earlier of the above expiration date or the assessment date of an increase in the above tax that reflects the final determination of tax and the final administrative appeals consideration. * * * Petitioners argue first that the expiration date under paragraph (1) is April 26, 1992. Starting from the February 25, 1992, stipulated decision, they add 60 days from the last sentence of paragraph (1). They contend that the donor's waiver of the prohibition against assessment under section 6213(a) terminated the suspension of the limitations period. The addition of this 60 days brings the last day of the limitations period to April 26, 1992. With the addition of the 68-day tacking period, the last day of the limitations period is brought to July 4, 1992. Paragraph (2), however, provides that the limitations period expired on the earlier of the paragraph (1) expiration date, July 4, 1992, as figured above, or "the assessment date * * * that reflects the final determination of tax and the final administrative appeals consideration." Petitioners reason that the latter date is April 7, 1992, the date the IRS made the assessment based on the stipulated decision entered by this Court. Because the earlier of July 4, 1992, and April 7, 1992, is April 7, 1992, petitioners argue that the limitations period for assessment against the donor expired on April 7, 1992, and that the 1-year extension of the limitations period againstPage: 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