San Francisco Wesco Polymers, Inc. - Page 5




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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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