Robert E. Wadlow and Connie V. Wadlow - Page 29




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          period of limitations only for "assessment of any deficiency"               
          related to the activity in question.  Crawford v. Commissioner,             
          97 T.C. 302, 307-308 (1991);4 Estate of Caporella v.                        
          Commissioner, 86 T.C. 285, 296 (1986), affd. 817 F.2d 706 (11th             
          Cir. 1987).  Section 183(e)(4) makes no reference to the                    
          statutory period for claiming refunds of overpayments.                      
               When it enacted section 183(e)(4), Congress was aware of the           
          difference between the statute of limitations on assessing                  
          deficiencies and the statute of limitations on claiming refunds.            
          In order to make a section 183(e) election under the law and                



          (...continued)                                                              
               "The language in �6501 refers only to 'limitations on                  
               assessment and collection,' and the operative clause of                
               �6501(a) directs only that taxes 'be assessed within 3                 
               years after the return was filed.' * * * A deficiency                  
               determination, by which the IRS seeks to establish the                 
               taxpayer's additional tax liability, is patently                       
               different from a refund determination, by which the                    
               taxpayer seeks repayment or credit from the IRS." * * *                
               [Bachner v. Commissioner, 109 T.C. 125, 130 (1997)                     
               (quoting Bachner v. Commissioner, 81 F.3d at 1277),                    
               affd. without published opinion __ F.3d __ (3d Cir.,                   
               Nov. 20, 1998).]                                                       
               4In Crawford v. Commissioner, 97 T.C. 302 (1991), we held              
          that a written agreement to extend the period of limitations that           
          was executed after the normal 3-year period of limitations, but             
          before the expiration of the period provided in sec. 183(e),                
          operated to extend the limitations period.  However, we also held           
          that the written agreement was only effective to the extent that            
          the period of limitations had been extended by sec. 183(e)(4).              
          Therefore, we held that the written agreement to extend the                 
          period of limitations "would be effective only with regard to               
          assessments arising from deficiencies attributable to the section           
          183 activity."  Id. at 307 (emphasis added).                                




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