- 16 - $23,111,671 for 1987, 1988, and 1989, respectively, subject to any correlative adjustments to UCFSC's returns. The foregoing amounts are based on the portion of petitioner's FSC recomputations attributable to its section 861(b) expense adjustments, as alleged in petitioner's first amendment. As a further alternative argument, petitioner maintains that, if taxpayers must satisfy any dual limitations requirement under the Regulation, the period applicable to the party in the deficiency position must be based on section 6501 rather than section 6511. (The limitations periods contained in sections 6501 and 6511 are not uniformly parallel.) In that connection, petitioner argues that its claims for additional FSC commission expenses for 1988 and 1989 in the amounts of $18,638,279 and $51,218,650 are timely because they were made within the periods for petitioner to file claims for refund under section 6511 and for respondent to assess correlative deficiencies against UCFSC under section 6501(e)(1)(A) (the 6-year period of limitations applicable to omissions from gross income in excess of 25 percent of the gross income reported on the taxpayer's return). (Petitioner acknowledges that both of its claims for 1987, as well as its revised claim for 1988, came after the 6-year period of limitations had expired with respect to UCFSC for those years, and are thus barred under this interpretation of the Regulation.) Respondent argues, on the other hand, that petitioner's claims are proscribed by the plain language of the Regulation.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011