- 11 - Discussion Issue 1: Statute of Limitations6 Petitioner contends that assessment and collection of any additional employment tax liability for the taxable periods in issue is barred by the statute of limitations. We disagree for the following reasons. As a general rule, section 6501(a) requires that any tax be assessed within 3 years after the return was filed. Section 6501(b) sets forth rules providing when a return is deemed to have been filed. As applicable herein, in the case of FUTA taxes reportable on Form 940, a return is due on or before January 31 of the year following the calendar year for which the return is required. See sec. 6071(a); sec. 31.6071(a)-1(c), Employment Tax Regs. See also sec. 31.6011(a)-3, Employment Tax Regs., regarding the requirement for filing such a return. However, in case of an early return, the return is deemed to have been filed on the last day prescribed therefor. See sec. 6501(b)(1). 6 At the time of trial, as well as when the posttrial briefs were filed, the Court had not yet decided whether issues related to the statute of limitations were cognizable in an action for redetermination of employment status. Subsequently, it was decided that when the jurisdiction of the Court has been properly invoked pursuant to sec. 7436, the Court may properly decide whether the issuance of the Commissioner’s notice of determination is barred by the expiration of the period of limitations under sec. 6501. See Neely v. Commissioner, 115 T.C. 287 (2000).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011