- 15 - By virtue of the above-described waivers (Forms SS-10) and Offer in Compromise (Form 656), respondent’s issuance of the notice of determination on May 24, 1999, occurred before the expiration of the period of limitations on assessment of petitioner’s employment taxes for periods ending in 1994 and 1995. Accordingly, the statute of limitations does not bar assessment of employment taxes for those periods. Petitioner contends that the abatement on May 3, 1999, of the employment tax assessment (see Background, supra, section G.) served to annul the waiver provisions of the Offer in Compromise. We disagree. Petitioner in fact executed Form 656 and thereby agreed to the suspension of the period of limitations with respect to the employment taxes that were subject to the offer.7 B. 1996 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, 1996, expired on April 15, 2000. The regular 3-year 7 At trial, petitioner introduced a document dated June 13, 2000, purporting to withdraw the Offer in Compromise previously submitted in Dec. 1998. In petitioner’s view, withdrawal of the offer would serve to negate the waiver of the statute of limitations therein. However, petitioner may not, by such simple expedient, eliminate the consequences of its action in submitting the offer. More precisely, paragraph (m) of the offer specifically states that the offer remains pending “until an authorized IRS official * * * acknowledges withdrawal of the offer in writing.”Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011