- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011