- 13 - extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. Sec. 6501(c)(4). In analyzing a consent to extend the limitations period, it is well settled that such a consent is not a contract but rather a unilateral waiver of a defense by the taxpayer. Stange v. Commissioner, 282 U.S. 270, 276 (1931); Kronish v. Commissioner, 90 T.C. 684, 693 (1988). Nevertheless, contract principles are significant because section 6501(c)(4) requires the agreement to be in writing. Piarulle v. Commissioner, 80 T.C. 1035, 1042 (1983). Consequently, we examine the objective manifestations of mutual assent to determine the terms of the agreement. Kronish v. Commissioner, supra at 693; Piarulle v. Commissioner, supra at 1042. The restricted consent in this case limited the extension of the limitations period to: The Service's proposed adjustment relating to the disallowance of Microsoft's use of the profit split method of computing taxable income for purposes of section 936(h) of the Internal Revenue Code of 1986 with respect to its transactions with Microsoft Puerto Rico and any transfer pricing adjustments resulting from such disallowance; * * * Because the 1991 notice of deficiency was issued on May 9, 1996, which was after the expiration of the final general consent extending the limitations period to March 15, 1996, respondent's alternative adjustment may be made only if it comes within thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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