Bugaboo Timber Co. v. Commissioner
United States Tax Court
Forms 872-S, Consents to Extend the Time to Assess Tax Attributable to Items of an S Corporation, were signed on the line designated for the tax matters person (TMP) by M, the secretary-treasurer and a shareholder of B, and D, the president and a shareholder of I. Each was authorized under the respective bylaws and M was authorized by a resolution of the directors of B to conduct general business and sign documents, had ultimate authority over tax matters, and signed the…
Read the full summary
Forms 872-S, Consents to Extend the Time to Assess Tax Attributable to Items of an S Corporation, were signed on the line designated for the tax matters person (TMP) by M, the secretary-treasurer and a shareholder of B, and D, the president and a shareholder of I. Each was authorized under the respective bylaws and M was authorized by a resolution of the directors of B to conduct general business and sign documents, had ultimate authority over tax matters, and signed the returns and Forms 2848, Power of Attorney and Declaration of Representative for the years in issue. Neither was designated…
1Opinion of the Court
Fay, Judge:
These cases were consolidated solely for purposes of our consideration of the procedural issue whether Forms 872-S, Consents to Extend the Time to Assess Tax Attributable to Items of an S Corporation, were signed by the tax matters person (tmp)1 of each entity or a person with written authorization to sign so that the period of limitations for assessment is open.
All section references are to the Internal Revenue Code as amended and in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless indicated otherwise.
FINDINGS OF…
2Cases cited6 opinions
- Wiggins v. Barrett & Associates, Inc.Oregon Supreme Court · 1983
- Badger v. Paulson Investment Co., Inc.Oregon Supreme Court · 1991
- Amesbury Apartments, Ltd. v. CommissionerUnited States Tax Court · 1990
- Cambridge Research & Dev. Group v. CommissionerUnited States Tax Court · 1991
- Roy H. Park Broadcasting, Inc. v. CommissionerUnited States Tax Court · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Twenty-Three Nineteen Creekside, Inc. Michael E. Baldigo v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1995
- Miller v. CommissionerUnited States Tax Court · 1995
- Peking Inv. Fund, LLC v. Comm'rUnited States Tax Court · 2013
- Bugaboo Timber Co. v. CommissionerUnited States Tax Court · 1993
- Miller v. CommissionerUnited States Tax Court · 1995