John Christopher Singleton - Page 8

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          signed Form 900 on October 16, 1987.  Hence, the signing of Form            
          900 occurred within 6 years of the date of assessment (December 7,          
          1981).                                                                      
               Petitioner was notified of his fiduciary liability by a notice         
          of liability mailed on December 21, 1993.  That date was within the         
          extended period for collection.                                             
               Petitioner posits that because he refused to sign the Form             
          900, the agreement between Ms. Gardiner and the IRS to extend the           
          period of limitations on the collection of the estate tax is not            
          binding as to him.  Petitioner argues that one co-executor may not          
          unilaterally waive, extend, or revive the collection period of              
          limitations to the detriment of the other co-executor.  In support          
          of this position, petitioner cites Virginia law which provides:             
                    No acknowledgment or promise by any personal                      
                    representative of a decedent shall charge the                     
                    estate of the decedent, revive a cause of                         
                    action otherwise barred or * * * in any case                      
                    in which but for such acknowledgment or                           
                    promise, the decedent’s estate could have been                    
                    protected under a statute of limitations.                         
          Va. Code Ann. sec. 8.01-232 par. B.                                         
               A waiver of the period of limitations for assessment of                

               3(...continued)                                                        
          officer.  Sec. 301.6203-1, Proced. & Admin.  Although neither               
          party submitted the record of assessment, which would show, among           
          other things, the date of assessment, the Form 900 signed by Ms.            
          Gardiner indicates that the assessment date was Dec. 7, 1981.               
          Further, the notice of liability sent to petitioner shows the               
          date of assessment to be Dec. 7, 1981.  Other than pointing to              
          the date he signed Form 890, petitioner did nothing to prove that           
          the assessment date was not Dec. 7, 1981.                                   





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