San Francisco Wesco Polymers, Inc. - Page 2




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                    Held: R has established by clear and convincing                   
               evidence that C signed Form 872 with the intent to extend              
               the period of limitations for SF's taxable year ended June             
               30, 1993.                                                              
                    Held, further, Form 872 may be reformed to conform with           
               the intent of the parties.  Woods v. Commissioner, 92 T.C.             
               776 (1989), applied.                                                   
                    Held, further, R's notice of deficiency is not barred             
               as untimely under the period of limitations on assessments             
               contained in sec. 6501(a), I.R.C.                                      


               Donald L. Feurzeig, for petitioner.                                    
               Laurel M. Robinson, for respondent.                                    


                                 MEMORANDUM OPINION                                   
               NIMS, Judge:  This matter is before the Court on                       
          petitioner's motion for partial summary judgment under Rule 121.            
          Unless otherwise indicated, all section references are to                   
          sections of the Internal Revenue Code in effect for the years in            
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               Respondent determined the following deficiencies and                   
          accuracy-related penalties with respect to the Federal income tax           
          of petitioner San Francisco Wesco Polymers, Inc. (SFWP) for the             
          taxable years ending June 30, 1993 and June 30, 1994:                       
                                                       Penalties                      
               Year                Deficiency          Sec. 6662(a)                   
               June 30, 1993       $108,986            $6,150                         
               June 30, 1994       21,797              1,230                          





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