Estate of Raymond E. Jones, Deceased, Dorothy J. Jones, Independent Executrix, and Dorothy J. Jones - Page 12

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          and remanding T.C. Memo. 1987-296; Armes v. Commissioner, 448               
          F.2d 972, 974 (5th Cir. 1971), affg. in part, revg. in part and             
          remanding T.C. Memo. 1969-181; Mecom v. Commissioner, supra at              
          382; Adler v. Commissioner, supra at 540-541.                               
               Respondent’s burden is met by the receipt into evidence of             
          one or more properly executed, facially valid, written agreements           
          extending the period of limitation on assessment along with                 
          evidence that the notice of deficiency was mailed prior to the              
          end of the extended period.  J.H. Rutter Rex Manufacturing Co. v.           
          Commissioner, supra at 1281; Mecom v. Commissioner, supra at 382-           
          383; Adler v. Commissioner, supra at 540.  Once respondent makes            
          such a showing, the burden of going forward with the evidence               
          shifts back to petitioners to prove their contentions with                  
          respect to agreements.  J.H. Rutter Rex Manufacturing Co. v.                
          Commissioner, supra at 1281; Mecom v. Commissioner, supra at 383;           
          Adler v. Commissioner, supra at 541.                                        
               An agreement extending the period of limitation on                     
          assessment is a unilateral waiver of a defense by a taxpayer; the           
          interpretation of the terms contained in the agreement is                   
          governed by contract principles.  Stange v. United States, 282              
          U.S. 270 (1931); Kronish v. Commissioner, 90 T.C. 684, 693                  
          (1988); Piarulle v. Commissioner, 80 T.C. 1035, 1042 (1983).  The           
          terms of the parties’ agreement are determined from their                   
          objective manifestations of mutual assent as shown by their overt           






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