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the period of limitations expired before the issuance of the
notice of deficiency. Petitioner resided in Minneapolis,
Minnesota, at the time he filed his petition.
The facts may be summarized as follows. Petitioner timely
filed his Federal income tax return for 1994. On that return
petitioner claimed deductions for various expenses. Respondent
commenced an examination of petitioner's 1994 return. Petitioner
was unable to locate records substantiating deductions that he
had claimed on his return. The period of limitations for making
an assessment would have expired on April 15, 1998. Petitioner
executed a Form 872, Consent To Extend the Time To Assess Tax, on
February 27, 1998, and respondent executed the form on March 9,
1998. The consent provided that the amount of any Federal income
tax due on the 1994 return could be assessed at any time on or
before April 30, 1999. On June 17, 1998, respondent issued a
notice of deficiency to petitioner. Petitioner does not dispute
the substantive tax adjustments contained in the notice of
deficiency; rather, he contends that the notice of deficiency was
untimely.
Section 6501(a) provides, with exceptions not relevant here,
that "the amount of any tax * * * shall be assessed within 3
years after the return was filed". That period of limitations is
suspended if a notice of deficiency is sent to the taxpayer and a
petition is filed with this Court. See sec. 6503(a)(1). Section
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Last modified: May 25, 2011