Statutes of limitations are an important, but often overlooked, aspect of tax litigation that can work to the advantage or the detriment of a party. Most practitioners are familiar with the general three-year period of limitation on assessment, as well as basic exceptions, including those for a false return, no return, or a substantial omission of gross income. This panel addressed more nuanced rules affecting statutes of limitations in tax, including the interplay of section 6511(a) and (b) in refund suits (and, as appropriate, Tax Court litigation), the failure to notify the IRS of certain foreign transfers, and the failure to disclose listed transactions. The panelists also discussed strategies for navigating statute of limitation issues in litigation, as well as the effect of the government shutdown on both statute of limitations and filing deadlines with courts and the IRS.
Moderator: Kelley C. Miller, Reed Smith, Washington, DC
Panelists: Paul Butler, Kostelanetz & Fink LLP, Washington, DC
Professor T. Keith Fogg, Director of the Federal Tax Clinic, Harvard Law School, Jamaica Plain, MA
Eli Mishory, Attorney, Office of Associate Chief Counsel (Procedure and Administration), IRS, Washington, DC
Lawrence A. Sannicandro, McCarter & English LLP, Newark, NJ
Co-sponsored by: Court Procedure & Practice and Young Lawyers Division Tax Law Committee