Oliver K. Robinson and Deborah L. Robinson, et al. - Page 17





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         4 C.B. (Vol. 2) 1457, 2172-2173.  Under provisions entitled                  
         “Clarify statute of limitations for items from pass-through                  
         entities”, the legislative history contains the explanation that             
         the new language is intended to clarify that the return that                 
         starts the running of the statute of limitations for a taxpayer              
         is the return of that taxpayer and not the return of another                 
         “person” from whom the taxpayer has received an item of income,              
         gain, loss, deduction or credit.  In that regard, section                    
         7701(a)(1) defines “person” to mean and include “an individual, a            
         trust, estate, partnership, association, company or corporation.”            
              D.  Petitioners’ Arguments                                              
              Petitioners, in addition to arguing that the Bufferd v.                 
         Commissioner, supra, does not apply to situations involving C                
         corporations, also argue that constructive dividends are                     
         analogous to section 6672 responsible person penalties.  Under               
         section 6672, assessments are generally to be made within 3 years            
         of the filing of the return giving rise to the tax liability                 
         (entity’s return).                                                           
              We have held (in Manning v. Commissioner, supra) and hold               
         here that the principle expressed in Bufferd v. Commissioner,                
         supra, is not limited to S corporations or other flowthrough                 
         entities.  We recognize that section 6672 cases hold that the                
         assessment of responsible person penalties must be made within               
         3 years of the filing of the return giving rise to the                       






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