Allan J. and Brenda Becker - Page 22

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          notices of deficiency herein was issued after expiration of the             
          respective statutory limitations periods.8  Petitioners have the            
          burden of proving when the respective returns were filed and when           
          the general 3-year periods of limitations expired.  Miami                   
          Purchasing Service Corp. v. Commissioner, 76 T.C. 818, 823                  
          (1981).  Respondent bears the burden of proving that any                    
          extensions of the periods of limitations are applicable.  Id.               
               Section 6501(a) generally requires an assessment of tax to             
          be made within 3 years after a return is filed.  In the case of a           
          deficiency attributable to a credit carryback, such deficiency              
          may be assessed at any time before the expiration of the period             
          within which a deficiency for the taxable year of the unused                
          credit that results in such carryback may be assessed.  Sec.                
          6501(j).  If, before the expiration of the time to assess the tax           
          under section 6501(a), the parties consent in writing to extend             
          the time for the assessment of the tax, the tax may be assessed             
          at any time before the end of the period agreed upon.  Sec.                 
          6501(c)(4).                                                                 
               Petitioner filed his 1981 Federal income tax return on or              
          about April 15, 1982.  Therefore, in the absence of any                     
          extension, the 3-year period of limitations for that year would             
          have expired on April 15, 1985.  Sec. 6501(a).  Prior to                    


          8    In their posttrial briefs, the parties addressed this issue            
          only with respect to the notice of deficiency for 1979 and                  
          petitioner Brenda Becker.                                                   




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