- 30 - regulations existing prior to enactment of section 183(e)(4), the taxpayer and Commissioner were required to execute a written agreement extending the period of limitations for assessing deficiencies and for claiming refunds of overpayments.5 When section 183(e)(4) was enacted in 1976, the legislative history explains the reasons for the law as it existed prior to enactment of section 183(e)(4): The taxpayer, it was believed, should have time to claim a refund of tax paid by him during the period and the Internal Revenue Service should also have time to assess any deficiency owed by the taxpayer for any year in the period. [S. Rept. 94-938 (Part I), at 67 (1976), 1976-3 C.B. (Vol. 3) 49, 105.] Congress was aware that an election under prior law enlarged the period of limitations for deficiencies and refunds. The 5In 1971, when Congress first recognized the need to enlarge the period of limitations in order to accommodate a sec. 183(e) election, Congress envisioned that such an election would be conditional on a general waiver of the statute of limitations as to both deficiencies and overpayments for the election year. Thus, the Senate committee report states: The committee is aware that because of the 5- or 7-year periods involved in the case of the presumption, the statute of limitations may run before any action could otherwise be taken under the provision added by the committee. For this reason, the committee believes that this provision should not generally be applicable unless the taxpayer executes a waiver of the statute of limitations for the 5- or 7-year period and for a reasonable time thereafter. This will allow the taxpayer time to claim any refunds of tax paid during this period and also will allow the Internal Revenue Service to assess any deficiencies. [S. Rept. 92-437 at 74 (1971), 1972-1 C.B. 559, 600.]Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011