Estate of Bonnie J. Liston Harden, Deceased, David J. Kotler, Executor - Page 8

                                        - 8 -                                         
          taxes.  The request was granted by the Internal Revenue Service             
          on November 21, 1989.                                                       
               On April 19, 1990, petitioner mailed another Form 4768.  On            
          the form, petitioner requested an extension, until January 15,              
          1991, to file the return and pay taxes.  On May 21, 1990, the               
          request was returned with notations indicating that it had been             
          denied.  A handwritten note accompanied the forms and explained             
          that second extension requests were approved only in very limited           
          circumstances.  The note further stated that petitioner should              
          file a return immediately                                                   
          and amend it later if necessary.                                            
               On March 11, 1991, the Internal Revenue Service's Denver,              
          Colorado, service center received petitioner's Form 706 (United             
          States Estate (and Generation-Skipping Transfer) Tax Return).  On           
          March 9, 1994, respondent issued a notice of deficiency to                  
          petitioner.                                                                 
                                       OPINION                                        
          I.  Statute of Limitations                                                  
               Section 6501(a) provides that estate tax shall be assessed             
          within 3 years after a return is filed.  Pursuant to section                
          6503(a), this period of limitations is suspended upon the mailing           
          of a statutory notice of deficiency.  The expiration of the                 
          period of limitations on assessment is an affirmative defense,              
          and the party raising it must specifically plead it and carry the           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011