- 27 - 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)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011