- 579 - 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.Page: Previous 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 Next
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