- 5 - 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.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011