- 10 - H. Rept. 2, 70th Cong., 1st Sess. (1927), 1939-1 C.B. (Part 2) 384, 399-400; see also S. Rept. 960, 70th Cong., 1st Sess. (1928), 1939-1 C.B. (Part 2) 409, 431. In Eversole v. Commissioner, 46 T.C. 56 (1966), the taxpayers contended that the petition, which an improper party had filed on the estate’s behalf and this Court had dismissed as to the estate, failed to suspend the limitations period. Relying on the legislative history of section 277 of the Internal Revenue Code of 1939, a predecessor of section 6503(a)(1) (quoted supra), as well as statutory language and relevant case law,13 we held that the petition suspended the limitations period. Id. at 64- 65. In reaching our conclusion, we found it significant that the language of section 277 of the Internal Revenue Code of 1939 required suspension of the limitations period when a proceeding “is placed” on the docket rather than when “the taxpayer places” a proceeding on the docket. Id. at 64. Petitioner attempts to distinguish Eversole from the instant case on the basis of the improper party’s relationship to the 13One such case on which we relied was Am. Equitable Assurance Co. v. Helvering, 68 F.2d 46 (2d Cir. 1933), affg. 27 B.T.A. 247 (1932). Responding to a similar challenge to the limitations period, the Court of Appeals for the Second Circuit concluded that “the mere placing on the docket of the Board of a proceeding in respect to the deficiency” suspended the limitations period. Id. at 47. The Court of Appeals for the Second Circuit reasoned that “Congress did not intend to have the time a proceeding was pending before the Board counted any more when the decision was a dismissal for want of jurisdiction than when it was not.” Id.Page: 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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