- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011