Robert E. Wadlow and Connie V. Wadlow - Page 16




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          extended when the taxpayer makes the election; i.e., the taxpayer           
          consents.  In effect, the Congress authorized the Secretary to              
          set any appropriate conditions for a specialized extension of the           
          limitation on assessment, prescribed in the statute the nature              
          and extent of this extension, required the Secretary to offer               
          this agreement to any taxpayer on a take-it-or-leave-it basis,              
          and mandated that the Secretary agree; i.e., "consent", to the              
          taxpayer's election.                                                        
               Thus, the Congress' mandate satisfies the requirement of               
          section 6501(c)(4) that the IRS "consent", and the requirement in           
          section 301.6501(c)-1(d), Proced. & Admin. Regs., that the IRS              
          execute the agreement.  In short, a section 183(e) election meets           
          the requirements of a section 6501(c)(4) agreement and the period           
          of limitation for overpayments is extended pursuant to section              
          6511(c).                                                                    
          II. The Legislative History Supports This Analysis.                         
               Section 183 was enacted by the Tax Reform Act of 1969, Pub.            
          L. 91-172, sec. 213, 83 Stat. 487, 571-572, to deal with "hobby             
          losses"; i.e., losses in an activity not engaged in for profit.             
          Section 183(d) provided a presumption that an activity is engaged           
          in for profit if a gross income test is satisfied for 2 out of 5            
          consecutive years.  The time periods were modified by later                 
          statutes.  Special rules were provided for certain horse-related            
          activities.  The Congress then became aware of a problem in                 





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