- 17 - the taxable periods in issue prior to the date respondent sent the notice of deficiency in issue in the instant case to petitioner. Pursuant to section 6501(g)(2),3 the good faith filing of a Form 990 by an exempt organization commences the running of the period of limitations against assessment of tax on unrelated business income if the organization is later held to be a taxable organization. California Thoroughbred Breeders Association v. Commissioner, 47 T.C. 335, 339 (1966). Because petitioner pled the bar of the statute of limitations, petitioner must show that the statutory notice was issued beyond the normally applicable period of limitations. In Adler v. Commissioner, 85 T.C. 535, 540 (1985), we stated: The bar of the statute of limitations is an affirmative defense, and the party raising it must specifically plead it and carry the burden of proof with respect thereto. Rules 39, 142(a). Where the party pleading such issue makes a showing that the statutory notice was issued beyond the normally applicable statute of limitations, however, such party has established a prima facie case. At that point, the burden of going forward with the evidence shifts to the other side, and the other party has the burden of introducing evidence to show that the bar of the statute is not applicable. Where the other party makes such a showing, the burden of going forward with the evidence then shifts back to the party pleading the 3 Sec. 6501(g)(2) provides: If a taxpayer determines in good faith that it is an exempt organization and files a return as such under section 6033, and if such taxpayer is thereafter held to be a taxable organization for the taxable year for which the return is filed, such return shall be deemed the return of the organization for purposes of this section.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011