- 25 - evade paying taxes known to be owing for each of the taxable years at issue, the limitations period is extended indefinitely pursuant to section 6501(c)(1) for each such year. Accordingly, respondent is sustained on this issue. Laches Petitioner alternatively argues that the equitable doctrine of laches operates to preclude respondent's assessment and collection of the deficiencies in and additions to tax at issue in the instant case. Respondent disagrees and contends that the doctrine of laches must yield to the indefinite limitations period imposed by section 6501(c)(1). The doctrine of laches prohibits a party from asserting a claim following an unreasonable delay by such party when there has been a change in circumstances during such delay which would result in severe prejudice against an opposing party should the claim be permitted. See Albertson v. T.J. Stevenson & Co., 749 F.2d 223, 233 (5th Cir. 1984). It is well settled that the United States is not subject to the defense of laches in enforcing its rights. Guaranty Trust Co. v. United States, 304 U.S. 126, (1938); United States v. Thompson, 98 U.S. 486 (1878). "[L]aches may not be asserted against the United States when it is acting in its sovereign capacity to enforce a public right or protect the public interest". United States v. Popovich, 820 F.2d 134, 136 (5th Cir.). The timeliness of Government claims is governed by the statute of limitations enacted by Congress. SeePage: 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