Investment Research Associates - Page 537




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          872-A, to extend the period of limitations, is dated November 20,            
          1984.                                                                        
               Where a return is mailed and bears a U.S. Postal Service                
          postmark on or before the due date but is received by the IRS                
          after the due date, the return is timely filed.  See sec.                    
          7502(a); Miller v. United States, 784 F.2d 728, 730 (6th Cir.                
          1986).  However, if the return is mailed after the due date, the             
          return is considered filed on the date the return is actually                
          received by the IRS.  See Radding v. Commissioner, T.C. Memo.                
          1988-250.  IRA's return was not mailed before the due date of the            
          return.  It was mailed more than 1 month late.  The return was               
          received on either November 21 or November 24, 1981.  Therefore,             
          the return is deemed to have been filed on November 21 or                    
          November 24, 1981.  The Form 872-A was signed by the parties on              
          November 20, 1984.  Therefore, "before the expiration of the time            
          prescribed * * * for the assessment", the parties agreed to an               
          extension of the period of limitations.  Thus the notice of                  
          deficiency was timely issued.                                                
               Accordingly, we hold that the statute of limitations does               
          not bar the assessment and collection of the deficiency in income            
          tax and additions to tax due from IRA for 1980.                              











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