- 12 - assessment was made within the pertinent period of limitations, the tax may be collected by levy within 10 years after the 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 1997, 1998, 1999, and 2001 were assessed on November 18, 2002, November 25, 2002, October 21, 2002, and June 10, 2002, respectively. The corresponding returns were filed on August 28, 2002, August 20, 2002, August 28, 2002, and April 15, 2002, respectively. Accordingly, assessment was well within the 3-year period of limitations. Respondent received petitioner’s Forms 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 liabilities for the years in issue is not time barred.9 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 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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