State Police Association of Massachusetts - Page 17

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          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.                                                               




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