Rodney J. and Noreen E. Blonien - Page 34




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          Period of Limitations on Assessment of Deficiency                           
               Petitioners contend that the 3-year period of limitations              
          set forth in section 6501 bars respondent from assessing the                
          deficiency in the case at hand.  Section 6501(a) provides                   
          “Except as otherwise provided in this section, the amount of any            
          tax imposed by this title shall be assessed within 3 years after            
          the return was filed (whether or not such return was filed on or            
          after the date prescribed).”  Except in certain specified                   
          circumstances not relevant to the case at hand, the Commissioner            
          must, before assessing a deficiency, mail the taxpayer a notice             
          of deficiency in accordance with section 6212.  Sec. 6213(a).               
          Section 6503(a)(1) provides:                                                
               The running of the period of limitations provided in                   
               section 6501 * * * on the making of assessments                        
               * * * in respect of any deficiency * * * shall * * * be                
               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.                                                       
          The Secretary is prohibited from assessing the deficiency during            
          the 90-day period following mailing of a notice of deficiency               
          prepared under section 6212, and, if a petition is filed with the           
          Tax Court, until the decision of the Tax Court has become final.            
          Sec. 6213(a).  Therefore, unless another provision extends the              
          period for assessment contained in section 6501(a), the                     
          Commissioner must mail the notice of deficiency to the taxpayer             






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