Estate of Raymond E. Jones, Deceased, Dorothy J. Jones, Independent Executrix, and Dorothy J. Jones - Page 14

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               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 year            




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