- 10 - and received their discharge in October of that year. Approximately 1 year later, in October 1989, a notice of deficiency was sent to the Bilskis for joint income tax liability that the Bilskis claimed was discharged in bankruptcy and time barred. The Bilskis, as do petitioners, argued that the Form 872-A was an executory contract. In affirming the Tax Court, the Court of Appeals for the Fifth Circuit stated: Like every other circuit that has addressed the matter, we have held that “the [872-A] agreement to extend the statute of limitations between the Commissioner and the [taxpayer] is not a contract, but a unilateral waiver of a defense by the taxpayer.” Here, the Extension Agreement was an indefinite waiver of the statute of limitations. Although this is the first time that we have considered the nature of an 872-A in the context of bankruptcy, upon reflection we can discern no reason to depart from the general rule or to carve out a bankruptcy exception to it. Accordingly, we hold that the Extension Agreement was not an executory contract that terminated automatically 60 days after the Bilskis filed for bankruptcy. Rather, for purposes of bankruptcy, as for all other purposes, an 872-A is a waiver of the affirmative defense of time-bar under the statute of limitations. [Bilski v. Commissioner, 69 F.3d at 68 (quoting Buchine v. Commissioner, 20 F.3d 173, 179 (5th Cir. 1994), affg. T.C. Memo. 1992-36); fn. ref. omitted.] Applying the reasoning of Stange and Piarulle in the context of bankruptcy, we find Bilski persuasive. Petitioners have not provided this Court with a convincing reason or case to the contrary. As set forth in the Form 872-A, taxpayers wishing to terminate their extension of the limitations period under this form should file a Form 872-T. Only by filing a Form 872-T may a taxpayer terminate the extension provided by a Form 872-A; noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008