- 14 - notice of deficiency for such period(s). * * * (2) This agreement ends on the earlier of the above expiration date or the assessment date of an increase in the above tax that reflects the final determination of tax and the final administrative appeals consideration. An assessment for one period covered by this agreement will not end this agreement for any other period it covers. Some assessments do not reflect a final determination and appeals consideration and therefore will not terminate the agreement before the expiration date. Examples are assessments of: (a) tax under a partial agreement; (b) tax in jeopardy; (c) tax to correct mathematical or clerical errors; (d) tax reported on amended returns; and (e) advance payments. Petitioners argue that the language of the Form 872-A is clear and that the assessment made with respect to the art tax shelter adjustment falls within the language of paragraph (2), thereby terminating the extension on June 17, 1985, the date of the assessment. Accordingly, we must decide the meaning of "the assessment date of an increase in * * * tax that reflects the final determination of tax and the final administrative appeals consideration." As the record establishes that a facially valid, written consent was properly executed, the burden of going forward shifts back to petitioners to prove that the consent terminated in accordance with its terms. The record contains no evidence of Appeals Office involvement in the art shelter matter. Accordingly, petitioners rely solely on the Service’s assessment of tax concerning the art shelter adjustment as "the final determination of tax" thereby terminating the extension provided in the Form 872-A. Petitioners contend that any assessment of tax for the 1981 yearPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011