- 19 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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