Rowland G. and Valerie J. Pilaria - Page 16




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               deficiency may be assessed prior to the expiration of                  
               such 3-year period notwithstanding the provisions of                   
               any other law or rule of law which might otherwise bar                 
               such assessment.                                                       
          S. Rept. 781, 82d Cong., 1st Sess. (1951), 1951-2 C.B. 458, 566-            
          570 does not differ in any material respect from the House report           
          quoted above.                                                               
               Significantly, the legislative history quoted above does not           
          distinguish between the period of limitations applicable to the             
          Commissioner’s determinations pertaining to the status of a                 
          taxpayer’s old residence and the period of limitations applicable           
          to the Commissioner’s determinations pertaining to status of the            
          taxpayer’s new residence.  That factor, considered in conjunction           
          with the statement in the legislative history excepting such                
          transactions from the general 3-year period of limitations, leads           
          us to conclude that Congress intended that the question of the              
          status of the taxpayer’s old residence would be subject to the              
          period of limitations prescribed in section 1034(j).                        
               Our holding that the period of limitations set forth in                
          section 1034(j) is controlling in this matter is equally                    
          applicable to respondent’s determination to disallow petitioners’           
          election to exclude $125,000 of the gain realized on the sale of            
          the Solvang property from gross income under section 121.                   
          Although there is no provision for a period of limitations in               
          section 121, nor a specific reference to section 121 within the             
          general 3-year period of limitations under section 6501, section            





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