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Petitioner next argues that the period of limitations under
section 6501 bars the assessment and collection of the deficiency
in income tax for the tax year ending June 30, 1994.
Petitioner's amended return for the tax year ending June 30,
1992, was filed on March 25, 1994. According to section 6501,
petitioner argues, the period of limitations for the tax year
ending June 30, 1992, expired September 15, 1995.
An amended return, even if accepted by the IRS, is
considered a mere supplement, and the original return is used for
purposes of determining the period of limitations on assessment.
See Zellerbach Paper Co. v. Helvering, 293 U.S. 172 (1934).
Therefore, petitioner is correct in that generally the period of
limitations for the tax year ending June 30, 1992, would expire
on September 15, 1995; however, the tax year in issue for which a
deficiency was determined ended on June 30, 1994. Respondent is
not barred from assessment and collection of a deficiency in
income tax for the tax year ending June 30, 1994, by the period
of limitations.
Next, petitioner argues that the duty of consistency is
applicable in this case. We may exercise equitable principles so
that the duty of consistency applies in this Court, see LeFever
v. Commissioner, 103 T.C. 525, 541 (1994), affd. 100 F.3d 778
(10th Cir. 1996); however, it does not apply to the facts of this
case. The duty of consistency doctrine prevents a taxpayer
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