Wiley L. Barron, CPA, Ltd. - Page 14




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          section 7436(d)(1), provides that the issuance of a notice of               
          determination serves to suspend the running of the period of                
          limitations on assessment for the period during which the                   
          Commissioner is prohibited from making the assessment, and for 60           
          days thereafter.  The period during which the Commissioner is               
          prohibited from making the assessment begins on the date on which           
          the notice of determination is issued and, if an action for                 
          redetermination of employment status is commenced, ends on the              
          date on which the decision of this Court becomes final.  See                
          sections 6213(a) and 7481, as applicable to the present action by           
          virtue of section 7436(d)(1).                                               
               We now apply these principles to the taxable periods in                
          issue.                                                                      
               A. 1994 and 1995                                                       
               The regular 3-year period of limitations for assessment of             
          employment taxes reportable on Form 941; i.e., FICA taxes, for              
          the calendar quarters ended March 31, June 30, September 30, and            
          December 31, 1994, expired on April 15, 1998.  Prior to that                
          date, however, both petitioner and respondent executed Form SS-10           
          (Consent to Extend the Time to Assess Employment Taxes), agreeing           
          to extend the period of limitations to April 15, 1999.                      
               The regular 3-year period of limitations for assessment of             
          employment taxes reportable on Form 941 for the calendar quarters           
          ended March 31, June 30, September 30, and December 31, 1995,               






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