Donna J. Collins - Page 13




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          (1976).  We conclude that petitioners are liable for the addition           
          to tax under section 6651(a) for failure to timely file their               
          1994 income tax return.                                                     
          C.   Whether the Time To Assess Tax Against Petitioners for 1994            
               Has Expired                                                            
               Petitioner contends that the time to assess tax against                
          petitioners for 1994 expired before respondent issued the notice            
          of deficiency.  We disagree.  Collins concedes that the time to             
          assess tax for petitioners’ 1994 tax year has not expired.  On              
          June 2, 1999, petitioner signed a Form 872, in which he agreed to           
          extend the time to assess tax for 1994 until October 31, 2000.              
          Respondent issued the notice of deficiency on April 24, 2000.               
          Petitioner does not contend that the Form 872 that he signed is             
          invalid.  We conclude that the time to assess the tax for                   
          petitioners’ 1994 tax year had not expired when respondent issued           
          the notice of deficiency.                                                   
               To reflect the foregoing,                                              
                                                       Decisions will be              
                                                  entered for respondent.             
















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