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Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure.
Petitioners failed to participate in the stipulation
process, and petitioners failed to appear at trial. Due,
however, to concern over placement on respondent of the burden of
proof with regard to a statute of limitations issue, respondent
did not move for dismissal, and respondent offered evidence
regarding petitioners’ extension of the period of limitations.
The primary issue for decision is whether petitioners executed a
valid consent to extend the time to assess tax with regard to
1992.
FINDINGS OF FACT
At the time the petition was filed, petitioners resided in
Basking Ridge, New Jersey.
Petitioners filed their 1992 and 1993 joint Federal income
tax returns respectively on April 15, 1993, and on or after
April 18, 1994.
In early August of 1995, because respondent’s audit of
petitioners had not been completed, respondent requested
petitioners to sign a Form 872, Consent to Extend the Time to
Assess Tax, that would extend the period for assessment of tax
for 1992 to April 15, 1997. Respondent mailed the Form 872 to
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Last modified: May 25, 2011