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1990, 156 days before the date which is 3 years after TCM filed
its 1987 return. Thus, 156 days remained at that time before the
expiration of the 3-year period of limitations with respect to
TCM's 1987 taxable year.
On June 10, 1991, after it had denied the Alabama petition
to quash as to all but one of the summonses, the Alabama District
Court granted the petition with respect to that summons. Under
28 U.S.C. section 2107(b) and rule 4(a)(1)(B) of the Federal
Rules of Appellate Procedure, the 60-day period for appeal of the
Alabama District Court's June 10, 1991, order expired August 9,
1991. Thus, the running of the period of limitations remained
suspended by section 7609(e)(1) until August 9, 1991. Hefti v.
Commissioner, 97 T.C. 180, 199-200 (1991), affd. 983 F.2d 868
(8th Cir. 1993); sec. 301.7609-5(b), Proced. & Admin. Regs.
2. Continuation of the Suspension of the Limitation on
Time To Assess Tax by Section 7609(e)(2)
On October 11, 1990, respondent issued a third-party
administrative summons to SCB concerning TCM’s 1987 income tax
liability. On November 2, 1990, SCB’s attorneys responded to,
but did not produce the documents identified in, the SCB summons.
The 3-year statute was thus tolled by section 7609(e)(2) on April
11, 1991, the date which is 6 months after respondent served the
SCB summons.
On March 24, 1992, the New York District Court stayed the
enforcement of the SCB summons pursuant to joint stipulation
between the United States and SCB (and HSBC).
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