Charles Shaw - Page 26

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          E.   Whether Petitioner Is Liable for the Addition to Tax for               
               Failure To Pay Estimated Tax Under Section 6654                        
               Respondent determined and contends that petitioner is liable           
          for the addition to tax under section 6654 for failure to pay               
          estimated tax for 1993 and 1994.  Respondent concedes that                  
          petitioner filed returns for 1993 and 1994.  Thus, we lack                  
          jurisdiction to decide whether petitioner is liable for the                 
          addition to tax under section 6654 for 1993 and 1994.  See sec.             
          6665(b)(2); Fendler v. Commissioner, 441 F.2d 1101 (9th Cir.                
          1971); Meyer v. Commissioner, 97 T.C. 555, 562 (1991); Estate of            
          DiRezza v. Commissioner, 78 T.C. 19, 25-26 (1982).                          
          F.   Whether the Statute of Limitations Bars Assessment of                  
               Petitioner’s 1993 Tax Liability                                        
               Petitioner filed his 1993 return on or before April 15,                
          1994.  Respondent mailed the notice of deficiency on April 11,              
          2000.  Petitioner contends that the time to assess tax for 1993             
          expired before respondent issued the notice of deficiency.  We              
          disagree.                                                                   
               Generally, the Commissioner must assess tax within 3 years             
          after the due date of a timely filed return.  Sec. 6501(a).                 
          Respondent bears the burden of proving that an exception to the             
          3-year limit on the time to assess tax applies if, as here as to            
          1993, the notice of deficiency was mailed more than 3 years after           
          the filing date.  Wood v. Commissioner, 245 F.2d 888, 893-895               
          (5th Cir. 1957), affg. in part and revg. in part T.C. Memo. 1955-           






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