John A. Roberts - Page 19

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          omission given petitioner’s failure to show that such information           
          is customary in a MFTRA-X transcript as compared to a TXMODA                
          transcript.  Therefore, we find that Appeals Officer Mazaroli’s             
          determination that the 1991 extension covering 1982 was timely              
          executed with respect to the 1983 assessment is supported by a              
          preponderance of the evidence.6                                             




               6  We note, in passing, that the Internal Revenue Service              
          Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206,           
          sec. 3461, 112 Stat. 764 enacted a new sec. 6502(a)(2) to provide           
          that extensions of the 10-year statute of limitations on                    
          collection may only be made in connection with the simultaneous             
          execution of an installment agreement.  That rule is effective              
          for extension requests made after Dec. 31, 1999.  RRA 1998 sec.             
          3461(c)(1).  RRA 1998 sec. 3461(c)(2) provides that pre-2000                
          extensions (not made in conformity with the new requirement)                
          shall expire on the latest of (1) the last day of the 10-year               
          collection period provided in sec. 6502(a)(1), (2) Dec. 31, 2002,           
          or (3) in the case of an extension executed in connection with an           
          installment agreement, the 90th day after the expiration of such            
          extension.  Assuming arguendo that the 1991 extensions are not              
          covered by the last of the three alternative expiration dates for           
          pre-2000 extensions (because they were executed too long, more              
          than 9 months, before the July 13, 1992, installment agreement),            
          and even though the statutory 10-year limitations period on                 
          collection with respect to all of the assessments for the years             
          in issue has expired and we are beyond Dec. 31, 2002, the                   
          transition rule for pre-2000 extensions does not prevent                    
          collection herein.  That is because respondent commenced                    
          collection by issuing the notice of levy on July 3, 2001, well              
          before the Dec. 31, 2002, alternative expiration date for pre-              
          2000 extensions.  Petitioner’s filing of a request for a                    
          Collection Due Process hearing on July 10, 2001, suspended the              
          running of the period that otherwise would have ended on Dec. 31,           
          2002, pursuant to sec. 6330(e)(1), which provides, in relevant              
          part, that “the running of any period of limitations under                  
          section 6502 * * * shall be suspended for the period during which           
          * * * [the] hearing, and appeals therein, are pending.”  That               
          suspension is still in effect.                                              





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