- 22 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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