Walter R. Ripley, Donee-Transferee of Mildred M. Ripley, Donor, and Melynda H. Ripley, Donee-Transferee of Mildred M. Ripley, Donor - Page 12

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          transferees expired on April 7, 1993.  Sec. 6901(c)(1).  Since              
          the notices of donee/transferee liability were not issued to                
          petitioners until September 17, 1993, petitioners contend that              
          the notices were untimely.                                                  
               Respondent argues, and we have held above, that the decision           
          of the Tax Court does not become final until the appeal period in           
          sections 7481(a) and 7483 has expired, even when the decision is            
          a stipulated one.  Petitioners respond that the "final                      
          determination of tax" language does not depend on the finality of           
          the Tax Court decision.  Form 872 is designed to ensure                     
          assessment of tax.  Once the Commissioner made the assessment,              
          they argue, regardless of the status of the case under sections             
          7481(a) and 7483, there was no longer any need to extend the time           
          to assess, and therefore the limitations period in the agreement            
          would logically end upon assessment.                                        
               Although petitioners' position appears superficially to be             
          sound, a closer examination of the problem leads to the opposite            
          conclusion.  A nearly identical argument was presented and                  
          rejected in a carefully reasoned opinion in Lansburgh v. United             
          States, 699 F. Supp. 279 (S.D. Fla. 1988).  There, the taxpayers            
          had entered into a consent agreement with the IRS, Form 872-A,              
          Special Consent to Extend the Time to Assess Tax.  Id. at 281.              
          The parties reached a settlement, and a stipulated decision was             
          entered by this Court.  Id.  The Court held that section 6503(a)            
          made the assessment timely because section 6503(a) applied to all           




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