Bilski v. Commissioner

WIENER, Circuit Judge:

Petitioners-Appellants Stanley and Connie Bilski appeal the judgment of the United States Tax Court (Tax Court), upholding the Internal Revenue Service’s (IRS’s) deficiency determination. The Bilskis contend that the Tax Court erred by holding that Treasury Form 872-A, Special Consent to Extend the Time To Assess Tax (872-A), is a waiver of the statute of limitations, and thus is not discharged in bankruptcy. They insist that an 872-A is an executory contract which, absent affirmance, is automatically rejected 60 days after the bankruptcy petition is filed. As we…