Robert Fehlhaber v. Commissioner, Internal Revenue Service

CLARK, Senior Circuit Judge:

This case presents the issue whether the limitations period for assessing a deficiency against an individual taxpayer, attributable solely to his investment in a subchapter S corporation, commences from the date the individual files his return or the subehapter S corporation files its tax return.

I

Subchapter S of the Internal Revenue Code 1 extends to certain eligible small business corporations a unique tax status closely analogous to that of a partnership. Unlike a subchapter C corporation, an S corporation is not separately taxed at the ordinary corporate rates,…