- 25 - mistakes, however, have deprived petitioner of his right to notice and a fair hearing, either at the administrative level or before this Court. The Assessment of Taxes and Penalties for 1995 Was Valid Respondent concedes that petitioner did not receive a copy of the notice of deficiency for 1995 and that the underlying liability for 1995 is therefore properly considered in this proceeding. Whether the limitations period has expired constitutes a challenge to the underlying tax liability. Boyd v. Commissioner, 117 T.C. 127, 130 (2001). Petitioner contends that the statute of limitations bars assessment of his liabilities for 1995 and that the additions to tax should be abated because of prior administrative action. He has not presented any evidence of error in the determination of taxable income or the calculations of tax liability. Section 7491(a) does not apply because the examination of petitioner’s liabilities in issue commenced before the effective date of that section. The Commissioner has 3 years from the time a return is filed to issue a notice of deficiency with respect to income tax. See secs. 6212(a), 6213(a), 6501(a). Section 7502(a)(1) provides that, in certain circumstances, a timely mailed return will be treated as though it were timely filed. Section 7502(a)(2) provides that the timely mailing/timely filing rule applies ifPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011