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tax, was timely executed by petitioners on November 27, 1995, and
by respondent on December 6, 1995. A second Form 872, extending
to December 31, 1997, the time to assess tax, was timely executed
by petitioners on October 15, 1996, and by respondent on October
24, 1996.
Respondent asserts that a third Form 872, extending to June
30, 1998, the time to assess tax was timely executed by
petitioners on March 14, 1997, and by respondent on March 19,
1997. Petitioners deny having executed this Form 872. Indeed,
they assert that "each of them, to the best of their knowledge
and belief, [has] never been presented in any way, manner, shape,
or form, with a request to extend the time of statute [sic] till
6/30/98."
Respondent sent a notice of deficiency to petitioners on
June 5, 1998. Petitioners filed a timely petition from this
notice of deficiency on August 25, 1998. It appears that the
major item of dispute on the merits is whether $511,522 of gain
on disposition of rental property is properly reportable for
1991, as respondent determined in the notice of deficiency, or
for 1992, as petitioners contend.
Discussion
Petitioners' motion to dismiss for lack of jurisdiction
focuses on two matters, as follows: (1) The notice of deficiency
erroneously determined that the income in question was reportable
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