- 12 - 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 overtPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011