- 16 - 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, sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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