Oliver K. Robinson and Deborah L. Robinson, et al. - Page 19





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         the shareholder’s liability is not “based on” the underlying tax             
         liability of the corporation as is an assessment against a                   
         responsible person under section 6672.  Therefore, the                       
         corporation’s return does not commence the section 6501 period of            
         assessment applicable to the dividend income received by the                 
         shareholders.                                                                
              Finally, adoption of a rule that the assessment period is               
         controlled by the return of the taxpayer against whom an                     
         assessment may be made is a functional solution to the question              
         posed by the parties.  That approach satisfies the need for                  
         administrative economy and the goal of finality inherent in                  
         section 6501(a).  It is also in accord with the legislative                  
         history to the post-1997 changes to section 6501(a).  A                      
         shareholder-level period for assessment relieves administrative              
         burdens and the difficulty taxpayers could encounter in not                  
         knowing whether the return of another taxpayer might bear on the             
         period of limitations.12  Ratto v. Commissioner, 20 T.C. 785, 789-           
         790 (1953); Masterson v. Commissioner, 1 T.C. 315, 324 (1942),               
         revd. on other grounds 141 F.2d 391 (5th Cir. 1944).  Uncertainty            



               12 To hold otherwise could result in situations where the              
          Commissioner would have less than the 3 years provided for in               
          sec. 6501(a) for a shareholder of a C corporation whose taxable             
          year ended earlier than the shareholder’s.  It could also result            
          in a situation where a taxpayer’s exposure would be involuntarily           
          extended beyond the normal 3 year period, if the source entity              
          agreed to extend its assessment period for the parallel tax                 
          period.                                                                     




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