Robert E. Wadlow and Connie V. Wadlow - Page 32




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          (1984); see Pallottini v. Commissioner, 90 T.C. 498, 503 (1988),            
          and cases cited therein.                                                    
               The legislative history of section 183(e)(4) is consistent             
          with the literal language of sections 183(e)(4), 6512(b),                   
          6511(c), and 6501(c)(4).  Senate Report 94-938 explains that                
          Congress intended that a section 183(e)(4) election would only              
          extend the period for assessment of a deficiency.                           
                    Explanation of provision                                          
                    The committee amendment revises present law (sec.                 
               183(e)) to provide that if a taxpayer elects to                        
               postpone the determination of his conduct of an                        
               activity under the presumption provisions, the                         
               statutory period for the assessment of any deficiency                  
               specifically attributable to that activity during any                  
               year in the 5 (or 7) year period shall not expire until                
               at least two years after the due date of the taxpayer's                
               income tax return for his last taxable year in the                     
               period.  This provision is the same as that in the                     
               House bill.                                                            
                    If a taxpayer makes an election under section                     
               183(e) of present law and postpones a determination                    
               whether he engaged in a particular activity for profit,                
               the making of this election automatically extends the                  
               statute of limitations, but only with regard to                        
               deductions which might be disallowed under section 183.                
               The taxpayer would not have to agree to extend the                     
               statute of limitations for any other item on his return                
               during the 5 (or 7) year period.  On the other hand,                   
               even if the taxpayer has petitioned the Tax Court with                 
               regard to an unrelated issue on his return for any year                
               in the same period, the Service will be able to issue a                
               second notice of deficiency relating to a section 183                  
               issue as to any taxable year in the period.                            
                    In order to assure the Service adequate time to                   
               reexamine the section 183 issue after the suspension                   
               period has ended, this new provision allows the Service                
               two years after the end of the period in which to                      





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