Kathryn Ann Picchiottino - Page 12

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          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).                                                            





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