- 9 - II. Whether the Assessment of Tax Was Timely Petitioners contend that the assessment of tax for 1999 was untimely. In general, the Commissioner must assess tax within 3 years after the due date of a timely filed return. Sec. 6501(a) and (b)(1). The due date of petitioners’ return was April 17, 2000.3 Because respondent did not assess tax until August 4, 2003, petitioners assert that the limitations period had expired. We disagree. Pursuant to section 6503(a)(1), the period of limitations on assessment is suspended during the 90-day period following the mailing of a notice of deficiency and, where the taxpayer does not petition the Court in response to the notice, for an additional 60 days thereafter. Estate of Mandels v. Commissioner, 64 T.C. 61, 77 n.8 (1975). A properly addressed notice of deficiency is sufficient to suspend the running of the assessment period even if the taxpayer never receives the notice. Mollet v. Commissioner, 82 T.C. 618, 623-624 (1984), affd. without published opinion 757 F.2d 286 (11th Cir. 1985); McGarvie v. Commissioner, T.C. Memo. 1988-85. The notice of deficiency was properly addressed and mailed to petitioners in March 2003, within 3 years of the due date of 3 In general, a tax return must be filed on or before the 15th day of April following the close of the calendar year. Sec. 6072(a). Because Apr. 15, 2000, was a Saturday, petitioners’ tax return was due on the next business day, which was Apr. 17, 2000. See sec. 7503.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007