Grant K. Hagestad - Page 5

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          Discussion                                                                  
               Section 6501(a) provides that the Commissioner generally has           
          3 years from the date of the filing of a return to assess the               
          tax.  There are several exceptions listed in section 6501 (for              
          cases in which, for example, fraud or substantial omission of               
          items are involved) which the parties agree do not apply here.              
          Respondent did not issue the 1995 notice of deficiency within the           
          time required by section 6501.  Thus, this failure would act as a           
          bar to the assessment of tax for 1987 unless respondent can                 
          obtain the benefit of the mitigation provisions of sections 1311            
          through 1314.                                                               
               The mitigation provisions were first enacted in 1938 to                
          prevent the Government or the taxpayer from obtaining "an unfair            
          benefit * * * by assuming an inconsistent position and then                 
          taking shelter behind the protective barrier of the statute of              
          limitations."  S. Rept. 1567, 75th Cong., 3d Sess. 49 (1938),               
          1939-1 C.B. (Part 2) 779, 815.  These are very technical                    
          provisions, written to cover only specific instances of                     
          inconsistent treatment, and are not intended to grant the Court             
          sweeping equitable powers.  Bolten v. Commissioner, 95 T.C. 397,            
          403 (1990), and cases cited thereat.  On the other hand, one must           
          not construe the provisions so strictly or so narrowly as to                
          undermine the purpose for which they were enacted.  Id.                     







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