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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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Last modified: May 25, 2011