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a filing date of November 21, 1981. The differing dates are not
material for purposes of this issue.
On November 20, 1984, IRA and respondent executed a written
agreement on Form 872-A, Special Consent to Extend the Time to
Assess Tax, to extend the period of limitations on respondent's
assessment and collection of IRA's income taxes for 1980. This
Form 872-A has generally been referred to as an "open-ended"
consent because it extends the period of limitations indefinitely
until either the taxpayer or the IRS issues to the other a Form
872-T to effect a termination of the extension. If the taxpayer
issues the Form 872-T, the extension continues for a period of 90
days, within which the IRS must issue a notice of deficiency to
the taxpayer. Neither IRA nor the IRS issued a Form 872-T. On
June 2, 1992, respondent issued the notice of deficiency to IRA
for its 1980 tax year.
In its petition, IRA affirmatively alleged that the period
of limitations barred respondent's assessment and collection of a
deficiency and additions to tax against it for 1980.
In the answer, respondent affirmatively alleged that the
applicable period of limitations on assessment and collection
against IRA for 1980 had not expired at the time the notice of
deficiency was issued because respondent and IRA had executed a
written agreement extending the period of limitations
indefinitely until the onset of one of the conditions stated
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