Abraham and Dina Weiss - Page 22




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          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.’”           





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