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periods for filing their claims for refund were extended by
agreement pursuant to section 6511(c).
Section 6511(c) provides that the normal period of
limitations for filing refund claims is extended if there was "an
agreement under the provisions of section 6501(c)(4) extending
the period for assessment of a tax". Section 6501(c)(4)
provides:
(4) Extension by agreement.--Where, before the
expiration of the time prescribed in this section for
the assessment of any tax imposed by this title, * * *
both the Secretary and the taxpayer have consented in
writing to its assessment after such time, the tax may
be assessed at any time prior to the expiration of the
period agreed upon. The period so agreed upon may be
extended by subsequent agreements in writing made
before the expiration of the period previously agreed
upon. [Emphasis added.]
Section 301.6501(c)-1(d), Proced. & Admin. Regs., provides:
(d) Extension by agreement. The time prescribed
by section 6501 for the assessment of any tax (other
than the estate tax imposed by chapter 11 of the Code)
may, prior to the expiration of such time, be extended
for any period of time agreed upon in writing by the
taxpayer and the district director or an assistant
regional commissioner. The extension shall become
effective when the agreement has been executed by both
parties. The period agreed upon may be extended by
subsequent agreements in writing made before the
expiration of the period previously agreed upon.
[Emphasis added.]
It is apparent from the facts in this case that petitioners
and respondent never executed a written agreement to extend the
period of limitations pursuant to section 6501(c)(4). It follows
that the statutory predicate to our overpayment jurisdiction
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