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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 genuine
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