- 16 - the settlement that was reached either prior to or at the time of trial. Id. With respect to the excise tax, the District Court held that the cover letter placed a condition on the taxpayer’s consent to extend the period of limitations; i.e., settlement of the excise tax issue at 35 percent of the tax claimed. Id. The District Court concluded that the period of limitations was not extended because the settlement reached was disputed, and, therefore, the assessment of excise tax was untimely. Id. In the instant case, petitioner did not place a condition in the cover letter accompanying the Form 872-A. The body of petitioner’s May 28, 2002, cover letter has previously been quoted in full in this opinion. There are no statements in the cover letter which alter the language of the Form 872-A or, in any way, condition the special consent. We hold that the Form 872-A executed by the parties is unconditional and unrestricted. Therefore, having concluded that a settlement was not reached and that the Form 872-A executed by the parties is unrestricted and unconditioned, we hold, as a matter of law, that the assessment period for petitioner’s years at issue remained open with respect to the issues raised in the deficiency notice. Accordingly, petitioner’s motion for partial summary judgment is denied, and respondent’s motion for partial summary judgment is granted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011