- 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 thePage: 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