- 29 - 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).Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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