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OPINION
A. Whether Respondent Timely Sent the Notice of Deficiency
Petitioners contend that the time to assess tax expired
before respondent issued the notice of deficiency. We disagree.
Generally, the Commissioner has 3 years to assess tax after
a return is filed. Sec. 6501(a). The 3-year periods for
assessing tax expired on October 15, 1999 for 1995, on October
20, 2000 for 1996, on October 19, 2001 for 1997, and on October
18, 2002 for 1998. Respondent issued the notice of deficiency on
April 16, 2003, which is later than those dates.
If the Commissioner and the taxpayer consent in writing to
extend the time to assess tax before the 3-year period expires,
tax may be assessed at any time before the end of the agreed
period. Sec. 6501(c)(4)(A); sec. 301.6501(c)-1(d), Proced. &
Admin. Regs. The period may be extended by later written
agreements made before the previously agreed period expires.
Sec. 6501(c)(4)(A); sec. 301.6501(c)-1(d), Proced. & Admin. Regs.
The record contains 13 Forms 872 apparently signed by one or both
petitioners extending the time to assess tax to December 31,
2003.
1. Signatures on Petitioners’ Forms 872
The parties agree that Mrs. King signed the five Forms 872
for King’s Appliances, Inc. However, petitioners testified that
they remember signing only two of the eight Forms 872 that apply
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Last modified: May 25, 2011