Woods v. Commissioner
United States Tax Court
P and R executed a Form 872-A consent to extend the period for making assessments intending that the consent apply only to assessments arising out of a specific subchapter S corporation P had invested in. The restrictive language of the written consent mistakenly referred to a corporation that P had not invested in and which was not the basis of R's deficiency determination. Held: The Form 872-A was not ambiguous, it contained a mutual mistake.
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P and R executed a Form 872-A consent to extend the period for making assessments intending that the consent apply only to assessments arising out of a specific subchapter S corporation P had invested in. The restrictive language of the written consent mistakenly referred to a corporation that P had not invested in and which was not the basis of R's deficiency determination. Held: The Form 872-A was not ambiguous, it contained a mutual mistake. Applying equitable principles, the Form 872-A may be reformed to conform with the parties' actual agreement. The statute of limitations does not bar…
1Opinion of the Court
OPINION
Ruwe, Judge:
On May 30, 1986, respondent determined a deficiency in petitioners’ Federal income tax for the calendar year 1978 in the amount of $11,023. The substantive adjustments made by respondent in his notice of deficiency are not in dispute. The sole issue for decision is whether respondent issued the notice of deficiency to petitioners after the applicable period set forth in the statute of limitations had expired.
All of the facts have been stipulated. The stipulation of facts and attached exhibits are incorporated by this reference.
Petitioners resided in Johnson County, Kansas,…
2Cases cited42 opinions
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Harold M. Reynolds v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1988
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Commissioner v. McCoySupreme Court of the United States · 1987
- Glass v. CommissionerUnited States Tax Court · 1986
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- Flight Attendants Against Ual Offset (Faauo) and United Air Lines, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1999
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