- 5 - USAWP's EIN. Chang signed Form 872 as president under the corporate name "U.S.A. Wesco Polymers, Inc., Successor in Interest to San Francisco Wesco Polymers, Inc. (94-3100328)". The Form 872 purportedly extended the time to assess tax due on the return ended June 30, 1993, to February 15, 1998. Respondent received the Form 872 from Chang on July 8, 1996. On May 15, 1997, respondent sent a letter to Kit Tam, a representative of SFWP and requested additional consents to extend the time to assess tax for both USAWP and SFWP. On May 29, 1997, SFWP's counsel sent a letter to respondent stating that SFWP declined to sign any consents to extend the time to assess tax with respect to Chang, SFWP and USAWP. The notice of deficiency for SFWP's taxable year ended June 30, 1993, was mailed on February 3, 1998, which is more than 3 years after SFWP filed its 1993 return. Discussion The sole issue for decision is whether Form 872, Consent to Extend the Time to Assess Tax, signed by a duly authorized officer of USAWP, SFWP's successor in interest, constitutes a binding agreement to extend the period of limitations under section 6501(c)(4) with respect to SFWP's taxable year ended June 30, 1993. Summary judgment or partial summary judgment may be granted if the pleadings and other materials demonstrate that no genuinePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011