- 36 - of tax paid through withholding over the correct amount of tax that was properly due, regardless of the fact that the Commissioner was time barred from assessing the proper tax. The taxpayer argued that we could not reduce any overpayment by considering unassessed tax liabilities which were barred by the statute of limitations on assessment. We agreed with the Commissioner, holding: Under the principles established by the Supreme Court in Lewis v. Reynolds, 284 U.S. 281 (1932), a taxpayer's claim for refund must be reduced by the amount of the correct tax liability for the taxable year, regardless of the fact that the Commissioner can no longer assess any deficiency for the taxable year. * * * [Bachner v. Commissioner, 109 T.C. at 130.] A literal reading of the statutes in issue avoids this potential for raising issues other than those related to the section 183 activity. Finally it has been suggested that the provisions of section 183(e)(4) in combination with the taxpayer's unilateral election under section 183(e) constitute an "agreement" between the taxpayer and the Commissioner within the meaning of section 6501(c)(4). But there is no requirement in section 183(e) that the taxpayer and the Commissioner agree and execute a written extension agreement, and no such agreement was executed in this case. A statutory provision mandating an enlargement of "the statutory period for the assessment of any deficiency" is not an "agreement", and there is nothing in the statute or thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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