Robert E. Wadlow and Connie V. Wadlow - Page 8




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               Under section 183(e)(4), if a taxpayer elects a                        
          postponement, the statutory period for the assessment of any                
          deficiency attributable to the activity is extended to 2 years              
          after the due date (without extensions) for filing the return for           
          the last taxable year in the 5- or 7-year period to which the               
          election relates.  As noted previously, petitioners made valid              
          elections to postpone a determination as to their 1990, 1991,               
          1992, and 1993 horse activities by attaching properly executed              
          Forms 5213 to their returns for those years.                                
               The Form 5213 attached to petitioners' 1990 return states              
          that 1989 was the first tax year in which petitioners engaged in            
          their horse activity.  Thus, under section 183(e)(4), the period            
          of limitations for assessment under the election was extended to            
          April 15, 1998--2 years after the due date (without any                     
          extension) for filing petitioners' 1995 return.                             
               Section 6511(c) provides special rules in cases of extension           
          of time by agreement.  Under section 6511(c)(1), the time for               
          filing a claim for credit or refund does not expire prior to 6              
          months after the expiration of the period within which an                   
          assessment may be made pursuant to an agreement or any extension            
          thereof under section 6501(c)(4).  That section provides for an             
          extension of time for assessment by agreement in writing signed             
          by both the Secretary and the taxpayer, if done before the                  
          expiration of the time prescribed in section 6501.                          





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