- 5 - No formal act of termination of petitioner's waiver and extension of the period of limitations with respect to 1977, as specified in the Form 872-A, occurred in this matter before the issuance of respondent's statutory notice of deficiency to petitioner and his ex-wife on July 9, 1992. OPINION Generally, the Commissioner must assess any deficiency within 3 years of the filing of a return. Sec. 6501(a). A taxpayer and the Commissioner can agree to extend the assessment deadline if they memorialize their agreement in writing prior to the expiration of the original assessment period. Sec. 6501(c)(4). In the instant case, the parties executed a Form 872-A extending the period of limitations for the assessment and collection of tax for the 1977 taxable year for an indefinite time. Under the clear terms of the agreement, as set forth in our findings, this extension could be terminated unilaterally by either party's executing and mailing a Form 872-T, or by respondent's mailing of a statutory notice of deficiency to petitioner. Although a Form 872-T was not submitted in this case, petitioner nevertheless argues that respondent is equitably estopped from relying on the Form 872-A as an indefinite extension of the period of limitations. Respondent argues thatPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011