- 5 - contends that the period of limitations was extended by agreement and that neither respondent nor petitioner terminated the agreement before issuance of the notice of deficiency. We agree with respondent. Section 6501(a) generally provides that taxes imposed by the Internal Revenue Code must be assessed within 3 years from the time that the return is filed. The notice of deficiency was not sent to petitioner within 3 years of his filing of either the return for 1980 or 1981. Thus, respondent's determinations will be time-barred, unless they fall within an exception to the general rule. One exception is under section 6501(c)(4), which provides that the period for assessment may be extended by agreement, if such agreement is executed before the period of assessment has expired.5 "Form 872-A plainly constitutes such an agreed-upon 4(...continued) should not extend the time to assess tax "to twelve years after [the] notice of deficiency [was issued] or sixteen years after the original signing of form 872A." Petitioner is mistaken in his contentions about the extension of time provided by the Forms 872-A. The agreements to extend the time to assess terminated upon respondent's issuance of the notice of deficiency. Thus, the agreement to extend the time to assess the tax due for 1980 terminated less than 4 years after execution, and the agreement to extend the time to assess the tax due for 1981 terminated within 3 years of execution. The period of limitations remained suspended after the mailing of the notice of deficiency by reason of sec. 6503. See also sec. 6213(a). 5Section 6501(c)(4), provides in relevant part: (continued...)Page: Previous 1 2 3 4 5 6 7 Next
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