Estate of Marvin E. Greenfield, Deceased, Barbara Greenfield, Personal Representative, and Barbara Greenfield - Page 5




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                                     Discussion                                       
               We decide whether respondent timely issued the notice of               
          deficiency to the Greenfields within the applicable period of               
          limitations provided by section 6501(a).  Respondent argues that            
          the notice of deficiency was timely because the Greenfields’                
          execution of Form 872-A extended the period of limitations under            
          section 6501(c)(4).  Petitioners argue that the notice of                   
          deficiency was untimely.  Alternatively, petitioners argue, the             
          extension, if effective, applies only to the tax deficiency and             
          not to the increased rate of interest.  We conclude that the                
          notice of deficiency was timely.  We also conclude that the Form            
          872-A applies to both the income tax deficiency and the increased           
          rate of interest.                                                           
          A.   Burden of Proof                                                        
               As a general rule, Federal income tax must be assessed                 
          within 3 years after a tax return is filed.  See sec. 6501(a).              
          That period may be extended, however, by written agreement                  
          between the taxpayer and the Commissioner made before expiration            
          of the general 3-year period.  See sec. 6501(c)(4).                         
               The bar of limitations is an affirmative defense, and                  
          taxpayers raising it must specifically plead it and carry the               
          burden of proof.  See Rules 39, 142; Adler v. Commissioner, 85              
          T.C. 535, 540-541 (1985).  A taxpayer can establish a prima facie           
          case by showing that the Commissioner mailed the notice of                  







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