- 11 - petitioners' "conversion" theory and period of limitations arguments seem logical at first glance, closer scrutiny reveals that, if petitioners' conversion theory is correct with respect to both decedent and Mrs. Callaway, it follows that the Court lacks jurisdiction on the ground that the notices of deficiency for affected items are invalid. It is well settled that allegations concerning the period of limitations constitute an affirmative defense, not a plea to the jurisdiction of this Court. Saso v. Commissioner, 93 T.C. 730, 734-735 (1989); see Columbia Bldg., Ltd. v. Commissioner, 98 T.C. 607, 611-612 (1992). Further, the Court has long held that, where the Court's jurisdiction and the period of limitations are both disputed issues in a case, we are obliged to resolve first whether the Court has jurisdiction. King v. Commissioner, 88 T.C. 1042, 1050 (1987), affd. on other grounds 857 F.2d 676 (9th Cir. 1988). A jurisdictional issue can be raised by either party or the Court sua sponte at any stage of the proceedings. Smith v. Commissioner, 96 T.C. 10, 13-14 (1991). As explained in greater detail below, if we agree with petitioners' conversion theory, the notices of deficiency for affected items are invalid thereby rendering petitioners' period of limitations argument moot. On the other hand, if we reject petitioners' conversion theory, the notices of deficiency for affected items are valid, and petitioners' period of limitationsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011