- 26 - 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-Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011