- 12 - assessment of the tax. A hearing request under section 6330 will suspend the running of the period of limitations described in section 6502 during the period that “such hearing, and appeals therein, are pending.” Sec. 6330(e)(1). Here, petitioner’s liabilities for 2001 were assessed on June 10, 2002, and the corresponding return had been filed on April 15, 2002. Accordingly, assessment was well within the 3- year period of limitations. Respondent received petitioner’s Form 12153 on March 27, 2003, at which time the applicable 10- year period of limitations for collection by levy had not expired. The running of this 10-year period was suspended by the Form 12153 and remains suspended. Hence, collection of petitioner’s Federal income tax liability for the year in issue is not time barred.9 2. “Inability to pay” Petitioner’s claim regarding inability to pay bears upon issues such as collection alternatives that the Court reviews for abuse of discretion. Action constitutes an abuse of discretion 9 The Court also notes that to the extent petitioner’s argument might attempt to raise the doctrine of laches, which focuses on the concept of unreasonable and prejudicial delay, it is well settled that the United States is not subject to the defense of laches in enforcing its rights. United States v. Summerlin, 310 U.S. 414, 416 (1940); Guaranty Trust Co. v. United States, 304 U.S. 126, 132-133 (1938). Rather, timeliness of Government claims is governed by the statutes of limitations enacted by Congress. Fein v. United States, 22 F.3d 631, 634 (5th Cir. 1994).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011