Scott Perry Picchiottino - Page 12

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          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...)           





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