Gary G. Boyd - Page 7




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          assessment of the tax.  Sec. 6502(a)(1).4  If the taxpayer                  
          requests a hearing under section 6330(a)(3)(B), the levy actions            
          that are the subject of the requested hearing and the running of            
          the period of limitations set forth in section 6502 “shall be               
          suspended for the period during which such hearing, and appeals             
          therein, are pending.”  Sec. 6330(e)(1).                                    
               Respondent assessed petitioner’s 1989 and 1990 Federal                 
          income tax liabilities on May 21, 1990, and May 20, 1991,                   
          respectively--i.e., within 3 years after petitioner filed Federal           
          income tax returns for those years.  On March 20, 1999,                     
          respondent received petitioner’s Form 12153 requesting a section            
          6330 hearing for, among other years, taxable years 1989 and 1990.           
          Consequently, as of March 20, 1999, the running of the applicable           
          10-year limitations period (which as of that date had not expired           
          for taxable years 1989 or 1990) was suspended and remains                   


               4  In 1990, Congress amended sec. 6502(a)(1) to extend the             
          period of limitations for the collection of taxes after                     
          assessment from 6 years to 10 years.  Omnibus Budget                        
          Reconciliation Act of 1990 (OBRA), Pub. L. 101-508, sec.                    
          11317(a), 104 Stat. 1388-458.  The 10-year limitations period               
          applies to taxes assessed after Nov. 5, 1990, and to taxes                  
          assessed on or before that date if the 6-year limitations period            
          under prior law had not expired as of that date.  Id. subsec.               
          (c).  Because respondent assessed petitioner’s 1989 tax liability           
          on May 21, 1990, and the 6-year limitations period under prior              
          law had not expired as of Nov. 5, 1990, the 10-year limitations             
          period applies with respect to petitioner’s 1989 tax liabilities.           
          See, e.g., Rocanova v. United States, 955 F. Supp. 27 (S.D.N.Y.             
          1996), affd. 109 F.3d 127 (2d Cir. 1997).  Because respondent               
          assessed petitioner’s 1990 tax liability after Nov. 5, 1990, the            
          10-year limitations period also applies to his 1990 tax                     
          liability.                                                                  




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