Domer L. Ishler - Page 33




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               If a third party contests a summons and the summons dispute            
          is not resolved within 6 months, the period of limitations is               
          suspended from the date which is 6 months after the service of              
          the summons until the final resolution of the matter.  Sec.                 
          7609(e)(2).                                                                 
               1.   Suspension of the Limitation on the Time To Assess Tax            
                    by Section 7609(e)(1)                                             
               On October 4, 1990, respondent issued nine third-party                 
          administrative summonses concerning TCM’s income tax liability              
          for 1987.  TCM filed the Alabama petition to quash on October 10,           


               12(...continued)                                                       
                    (1) Subsection (b) action.--If any person takes                   
               any action as provided in subsection (b) and such                      
               person is the person with respect to whose liability                   
               the summons is issued (or is the agent, nominee, or                    
               other person acting under the direction or control of                  
               such person), then the running of any period of                        
               limitations under section 6501 (relating to the                        
               assessment and collection of tax) or under section 6531                
               (relating to criminal prosecutions) with respect to                    
               such person shall be suspended for the period during                   
               which a proceeding, and appeals therein, with respect                  
               to the enforcement of such summons is pending.                         
                    (2) Suspension after 6 months of service of                       
               summons.–-In the absence of the resolution of the                      
               summoned party’s response to the summons, the running                  
               of any period of limitations under section 6501 or                     
               under section 6531 with respect to any person with                     
               respect to whose liability the summons is issued (other                
               than a person taking action as provided in subsection                  
               (b)) shall be suspended for the period--                               
                         (A) beginning on the date which is 6                         
                    months after the service of such summons, and                     
                         (B) ending with the final resolution of                      
                    such response.                                                    



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