- 6 - deficiency after the 3-year period of limitations. Adler v. Commissioner, supra at 540. If the taxpayer establishes a prima facie case, the burden of going forward shifts to the Commissioner to show that the bar of the statute of limitations is not applicable. Id. The Commissioner may meet this burden by introducing a consent, valid on its face, that extends the period of limitations to the date of the mailing of the notice of deficiency. See Concrete Engg. Co. v. Commissioner, 58 F.2d 566 (8th Cir. 1932), affg. 19 B.T.A. 212 (1930); Lefebvre v. Commissioner, T.C. Memo. 1984-202, affd. 758 F.2d 1340 (9th Cir. 1985). Once the Commissioner has established that the limitations period was extended by way of the taxpayer’s consent, the burden shifts back to the taxpayer to show affirmatively that the consent is invalid. See Adler v. Commissioner, supra; Ryan v. Commissioner, T.C. Memo. 1991-49. The burden of persuasion never shifts from the taxpayer who has pleaded the statute of limitations defense. See Ryan v. Commissioner, supra; see also Feldman v. Commissioner, 20 F.3d 1128, 1132 (11th Cir. 1994), affg. T.C. Memo. 1993-17. The Greenfields signed Form 872-A on June 10, 1986, before the expiration of the period of limitations on August 16, 1986, and delivered that form to respondent. Respondent was justified in treating Form 872-A as an effective extension of the period of limitations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008