Oliver K. Robinson and Deborah L. Robinson, et al. - Page 8




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         section 6662(b) and (d).6                                                    
                                       OPINION                                        
         I.  Whether the Period for Assessment Has Expired                            
              A.  Introduction                                                        
              Respondent determined that the Robinsons had additional                 
         income attributable to constructive dividends originating in                 
         transactions of a separate taxable corporate entity (Career).7               
         Petitioners argue that Career’s period for assessment should                 
         govern whether respondent may make a timely constructive dividend            
         adjustment.  Petitioners contend that respondent is therefore                
         barred from determining that the Robinsons had a $39,824                     
         constructive dividend for their 1992 tax year because Career’s               
         period for assessment had expired for its corresponding corporate            
         fiscal tax year.  Respondent contends that the period for                    
         assessment is controlled by the period for assessment determined             
         with regard to the return of the taxpayer under examination and              
         not with regard to the return of the entity from which the                   
         adjustment may originate.                                                    


              Generally, the Commissioner’s authority to determine income             


               6 Except for the accuracy-related penalties, the adjustments           
          for these corporate entities have been resolved by agreement of             
          the parties.                                                                
               7 Respondent determined that certain of Career’s claimed               
          expenses were expended for the Robinsons’ nondeductible personal            
          expenses and constituted constructive dividends to the Robinsons.           





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