- 10 - and manner as the Secretary may require. (B) Exception where individual has guardian, etc.--An individual shall not be treated as financially disabled during any period that such individual’s spouse or any other person is authorized to act on behalf of such individual in financial matters. A plain reading of section 6511(h) demonstrates that the physical or mental impairment must be that of the taxpayer, not of some third person. See United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241 (1989) (“The task of resolving the dispute over the meaning of * * * [a statute] begins where all such inquiries must begin: with the language of the statute itself * * * In this case it is also where the inquiry should end, for where, as here, the statute’s language is plain, ‘the sole function of the courts is to enforce it according to its terms.’”). In defining “financially disabled”, section 6511(h)(2)(A) refers to “a medically determinable physical or mental impairment of the individual” to whom the statute of limitations applies. (Emphasis added.) To have any logical meaning, the statute must equate “the individual” with the taxpayer claiming the benefits of section 6511(h). Furthermore, Congress clearly intended that the physical or mental impairment of the taxpayer be substantial. First, the impairment must be one that is “expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” Sec. 6511(h)(2)(A). Secondly, to claim thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011