- 4 - In Robinson v. Commissioner, 57 T.C. 735, 737 (1972), we held that “The statute of limitations is a defense in bar and not a plea to the jurisdiction of this Court.” See Badger Materials, Inc. v. Commissioner, 40 T.C. 1061 (1963). Section 7459(e) provides: SEC. 7459(e). Effect of Decision That Tax Is Barred by Limitation.--If the assessment or collection of any tax is barred by any statute of limitations, the decision of the Tax Court to that effect shall be considered as its decision that there is no deficiency in respect of such tax.[6] 5(...continued) 3. Petitioner proposes to amend her Petition to raise the affirmative defense of statute of limitations. The proposed Amendment to Petition accompanies this Motion. 4. The Court has jurisdiction to decide whether the statutes of limitations on the underlying joint and several liabilities have expired. The Court has held that “once our jurisdiction has been properly invoked in a case, we require no additional jurisdiction to render a decision with respect to such an affirmative defense [statute of limitations].” Genesis Oil & Gas, Ltd. v. Commissioner, 93 T.C. 562, 564 (1989). 5. In Neely v. Commissioner, 115 T.C. 287 (2000), an analogous case, the Court held that it had jurisdiction to decide an affirmative defense raised by the petitioner in a section 7436 case (Proceedings for Determination of Employment Status). 6“If the Tax Court finds that the assessment or collection of a tax is barred by the statute of limitations, such a finding constitutes a decision that there is no deficiency with respect to such tax.” Whirlpool Corp. v. Commissioner, 61 T.C. 182, 184 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011