Stephen P. and Jutta A. Maranto - Page 7

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          therein, with respect to the enforcement of such summons is                 
          pending."  Sec. 7609(e)(1).4                                                
               Petitioners timely filed their 1991 Federal income tax                 
          return.  The period of limitations for assessment of any                    
          deficiency in petitioners' 1991 Federal income taxes normally               
          would have expired on April 17, 1995, since April 15, 1995, was a           
          Saturday.  See sec. 7503.  Respondent issued the notice of                  
          deficiency on June 29, 1995, 73 days later.                                 
              However, on August 24 and November 30, 1994, respondent                
          issued summonses to International Savings Bank requesting                   
          information with respect to petitioners' 1991 taxable year.                 
          Petitioners filed motions to quash both summonses in the U.S.               
          District Court for the Southern District of California.  With               
          respect to the second summons, petitioners filed their motion to            
          quash on December 20, 1994, and the District Court entered its              
          order denying the petition and enforcing the summons on March 13,           
          1995.5  The period from the date of petitioners' filing of their            


               4Sec. 301.7609-5(b), Proced. & Admin. Regs., provides that             
          the period of suspension "begins on the date the petition to                
          quash the summons is filed in district court.  This period                  
          continues until all appeals are disposed of, or until the                   
          expiration of the period in which an appeal may be taken or a               
          request for a rehearing may be made."  This regulation has been             
          upheld as a reasonable interpretation of sec. 7609(e).  Hefti v.            
          Commissioner, 97 T.C. 180, 196 (1991), affd. 983 F.2d 868 (8th              
          Cir. 1993).                                                                 
               5See Fed. R. Civ. P. 58 ("A judgment is effective only when            
          so set forth and when entered as provided in Rule 79(a).").                 




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