Simon L. and Patricia M. Richard - Page 17

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          support his contention that petitioners extended the period of              
          limitations on assessment for 1991 beyond April 15, 1995.  Absent           
          a showing of irregularity in the assessment procedure, a Form               
          4340 is presumptive evidence that a tax has been validly                    
          assessed.  Roberts v. Commissioner, 329 F.3d 1224, 1228 (11th               
          Cir. 2003), affg. 118 T.C. 365 (2002); Davis v. Commissioner, 115           
          T.C. 35, 40-41 (2000).  The difficulty with respondent's position           
          is that the Form 4340 on which he relies has an irregularity; on            
          its face, it records a purported extension of the period of                 
          limitations some 3 months after its expiration, in apparent                 
          violation of section 6501(c)(4).  That section provides that the            
          period of limitation on assessment may be extended by agreement             
          where the Secretary and the taxpayer have consented in writing to           
          an extension "before the expiration of the time prescribed in               
          this section for the assessment of any tax imposed by this                  
          title".  Sec. 6501(c)(4).  An extension signed after the                    
          expiration of the period of limitations is without effect.                  
          Diamond Gardner Corp. v. Commissioner, 38 T.C. 875, 881 n.6                 
          (1962); Parsons v. Commissioner, T.C. Memo. 1984-333, n.2.                  
          Accordingly, the Form 4340, rather than confirming the validity             
          of the quick assessment, supports the conclusion that the quick             
          assessment was invalid because untimely.  The Form 4340                     
          establishes a prima facie case for petitioners that the                     
          assessment was made on August 28, 1995, after expiration of the             






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