- 4 - extended by 60 days. Petitioners point out that the second consent extended the assessment period until October 31, 2000. Petitioners believe that the 60-day language is a tack-on period that resulted in the period for assessment ending December 31, 2000, which was a Sunday followed by a holiday, so the period for assessment ended January 2, 2001. Following that line of reasoning, petitioners note that respondent’s answer was filed after January 2, 2001, the date petitioners believe the assessment period ended. Based upon the above, petitioners argue that no further determinations are permissible. Petitioners have misinterpreted the language on the consent form. The specific language is as follows: (1) The amount(s) of any Federal Income tax due on any return(s) made by or for the above taxpayer(s) for the period(s) ended 1995 may be assessed at any time on or before October 31, 2000. However, if a notice of deficiency in tax for any such period(s) is sent to the taxpayer(s) on or before that date, then the time for assessing the tax will be further extended by the number of days the assessment was previously prohibited, plus 60 days. That language provides for the extension of the assessment period to a date certain, unless respondent issues a notice of deficiency. Then, an additional number of days is added, including the 60-day period relied on by petitioners.2 2 We find it curious that petitioners’ argument that the period for assessment and, therefore, adjustments to income expired seems to apply only to adjustments that adversely affect petitioners’ tax liability. Apparently, petitioners’ position only applies where it negatively affects their tax status.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011