Robert E. Wadlow and Connie V. Wadlow - Page 27




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          under sections 6512(b)(3) and 6511(c) is missing.  Based on the             
          explicit statutory language of sections 6512(b), 6511(c), and               
          6501(c)(4), we have no jurisdiction to determine overpayments and           
          order refunds in this case.                                                 
               There is nothing in section 183(e)(4) that changes the                 
          foregoing analysis.  Section 183(e) allows a taxpayer to elect              
          unilaterally to postpone a determination of whether an activity             
          was engaged in for profit.  Such an election allows additional              
          time for a taxpayer to qualify for a statutory presumption that             
          his activity was engaged in for profit.  The presumption is                 
          dependent upon facts that may occur during a period of 5 to 7               
          years and thus may not be ascertainable within section 6501(a)'s            
          normal 3-year period of limitations for making assessments.  Of             
          course, if the taxpayer can elect to postpone a challenge to his            
          profit objective to a time that is beyond the normal period of              
          limitations for making assessments, one would expect Congress to            
          allow the Commissioner additional time to challenge the tax                 
          aspects of the activity in question.  Section 183(e)(4) therefore           
          provides:                                                                   
                    (4) Time for assessing deficiency attributable to                 
               activity.--If a taxpayer makes an election under                       
               paragraph (1) with respect to an activity, the                         
               statutory period for the assessment of any deficiency                  
               attributable to such activity shall not expire before                  
               the expiration of 2 years after the date prescribed by                 
               law (determined without extensions) for filing the                     
               return of tax under chapter 1 for the last taxable year                
               in the period of 5 taxable years (or 7 taxable years)                  





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