Legal Opinion

Tallal v. Commissioner

United States Tax Court

Decided December 21, 1981No. Docket No. 19237-80PublishedCited by 50 opinions

Held, a timely signed consent extending the statute of limitations for assessment and collection of income tax for a year for which a joint return was filed is valid to extend the statute with respect to the husband who signed the consent, even though the statute of limitations barred the determination of a deficiency for that year against his ex-wife, who did not sign it.

1Opinion of the Court

OPINION

Scott, Judge:

This case is before the Court on a motion to dismiss filed by petitioners on March 20, 1981, which, by agreement of the parties, was argued and considered as a motion for summary judgment.

Respondent, by notice mailed to petitioners on July 11,1980, determined that there was a deficiency in the income tax of Joseph J. Tallal, Jr., and Pamela J. Tallal, for the taxable year ended December 31, 1976, in the amount of $26,474. The determination of deficiency was based entirely upon the disallowance of a loss claimed on petitioners’ return from a partnership interest in a…

2Cases cited5 opinions

  1. United States v. StewartSupreme Court of the United States · 1940
  2. Boulez v. CommissionerUnited States Tax Court · 1981
  3. Dolan v. CommissionerUnited States Tax Court · 1965
  4. Ekdahl v. CommissionerUnited States Board of Tax Appeals · 1930
  5. United States v. GayneCourt of Appeals for the Second Circuit · 1943

3Cited by50 opinions

  1. Kronish v. CommissionerUnited States Tax Court · 1988
  2. Piarulle v. Comm'rUnited States Tax Court · 1983
  3. Elizabeth N. Callaway v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000
  4. Grunwald v. CommissionerUnited States Tax Court · 1986
  5. Amesbury Apartments, Ltd. v. CommissionerUnited States Tax Court · 1990

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