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