- 17 - 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 thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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