- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011