Timothy Scott and Anya Frances Anthony - Page 4




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          petition, by taxpayers affected by a presidentially declared                
          disaster.  Secs. 7508A(a)(1),2 7508(a)(1)(C).3                              

               2  Sec. 7508A provides in pertinent part:                              
               SEC. 7508A.  AUTHORITY TO POSTPONE CERTAIN TAX-RELATED                 
               DEADLINES BY REASON OF PRESIDENTIALLY DECLARED                         
               DISASTER.                                                              
                    (a) In General.--In the case of a taxpayer                        
               determined by the Secretary to be affected by a                        
               Presidentially declared disaster (as defined in section                
               1033(h)(3)), the Secretary may prescribe regulations                   
               under which a period of up to 120 days may be                          
               disregarded in determining, under the internal revenue                 
               laws, in respect of any tax liability * * * of such                    
               taxpayer--                                                             
                         (1) whether any of the acts described in                     
                    paragraph (1) of section 7508(a) were performed                   
                    within the time prescribed therefor * * *.                        
               Sec. 7508A was amended by the Victims of Terrorism Tax                 
          Relief Act of 2001 (VTTRA), Pub. L. 107-134, sec. 112(a), (b),              
          115 Stat. 2427, 2433, 2434.  Congress gave the Secretary of the             
          Treasury, the Secretary of Labor, and the Pension Benefit                   
          Guaranty Corp. authority to postpone certain deadlines by reason            
          of terroristic or military actions and extended the period that             
          may be disregarded from 120 days to 1 year.  The amendment                  
          applies to actions of the Secretary of the Treasury, the                    
          Secretary of Labor, or the Pension Benefit Guaranty Corp. on or             
          after Jan. 23, 2002, concerning disasters and terroristic or                
          military actions occurring on or after Sept. 11, 2001.  VTTRA               
          sec. 112(f), 115 Stat. 2435.  We are aware of no action by the              
          Secretary of the Treasury, the Secretary of Labor, or the Pension           
          Benefit Guaranty Corp. which occurred on or after Jan. 23, 2002,            
          which describes taxpayers affected by the Sept. 11, 2001,                   
          terrorist attack in a manner which includes petitioners.  Even if           
          the VTTRA amendment to sec. 7508A applies here, it does not                 
          affect the outcome of this case.                                            
               3  Sec. 7508(a)(1)(C) provides in pertinent part:                      
               SEC. 7508.  TIME FOR PERFORMING CERTAIN ACTS POSTPONED BY              
               REASON OF SERVICE IN COMBAT ZONE.                                      
                                                             (continued...)           




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