-8- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011