- 19 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011