Michael Sklar and Marla Sklar - Page 5




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               Once a notice of deficiency is timely issued within the                
          period for assessment, including any valid extensions, then the             
          period for assessment provided for in section 6501 is “suspended            
          for the period during which the Secretary is prohibited from                
          making the assessment * * * (and in any event, if a proceeding in           
          respect of the deficiency is placed on the docket of the Tax                
          Court, until the decision of the Tax Court becomes final), and              
          for 60 days thereafter.”  Sec. 6503(a).  In that regard, section            
          6213(a) provides that, upon the issuance of a deficiency notice,            
          the Commissioner is precluded from assessing a deficiency                   
          throughout the 90- or 150-day period in which a taxpayer may file           
          a petition with the Tax Court.  See Powerstein v. Commissioner,             
          99 T.C. 466, 471 (1992).                                                    
               In this case, the notice of deficiency and petition were               
          timely, and accordingly, the assessment period was suspended and            
          did not expire, as petitioners contend.                                     
               To reflect the foregoing,                                              
                                             An order will be issued                  
                                        denying petitioners’ Motion for               
                                        Summary Judgment.                             













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