- 22 - remanding T.C. Memo. 1973-277. Here, petitioners have provided no such further proof. Delay of Deficiency Notice In evaluating the evidence, we have remained cognizant of the long period of time between the last of the taxable years in issue, 1978, and the August 18, 1995, date that respondent mailed the statutory notice of deficiency to petitioners. Before trial, however, petitioners stipulated that they did not contest whether the statutory period of limitations for assessing the deficiencies at issue has expired. Mr. Weiss subsequently testified that he had executed documents extending indefinitely the time within which respondent might determine and assess taxes for the years at issue. He has made no showing that he sought to terminate these extensions. Accordingly, even if the issue of delay were properly before us, petitioners would not prevail. The appellate venue for this case would be the Court of Appeals for the Second Circuit, which has stated: "the rule in this circuit * * * is that a long delay will not vitiate an indefinite extension absent notice from the taxpayer that he desires to bring the extension to a close." Stenclik v. Commissioner, 907 F.2d 25, 28 (2d Cir. 1990), affg. T.C. Memo. 1989-516; see also Mecom v. Commissioner, 101 T.C. 374, 392 (1993) (“‘A deal is after all a deal, and fairness dictates that both parties adhere to the provisions of the document they both voluntarily signed.’”Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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