- 19 - petitioner and because "No tax was due or could be due on the returns filed by the Petitioner for the applicable periods", the Form 872 does not extend the period of limitations to assess tax. Petitioner, however, concedes: it intended to extend the period in which the Respondent was required to assess a tax for unrelated business income for the periods ended April 30, 1986, April 30, 1987, April 30, 1988, April 30, 1989 and the three-month period ended July 31, 1989 (the "applicable periods") or issue a notice of deficiency to the Petitioner. As we construe the parties' use of the language "income tax due on any return(s) made by or for the above taxpayer(s)", we think it is broad enough to include a return deemed made pursuant to section 6501(g)(2); i.e., a Form 990-T.4 We therefore hold that the parties duly extended until April 30, 1993, the period of limitations within which respondent could assess deficiencies in petitioner’s unrelated business income tax for the periods in issue. The notice of deficiency was mailed to petitioner before that date, and consequently the limitations period remains open. 4 Even if the language could not be construed to include a deemed return, we would conclude that the Form 872 could be reformed. Where a written agreement does not conform with the actual agreement between the parties, the Court may reform the writing to conform with the parties' intentions. Woods v. Commissioner, 92 T.C. 776, 782 (1989). In light of petitioner's concession concerning its intent to extend the period of limitations, the Form 872 may properly be reformed to conform to the agreement and intent of the parties. The evidence is clear and convincing that the parties intended to extend the period of limitations with respect to returns made as well as those "deemed made" by reason of sec. 6501(g)(2).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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