home *** CD-ROM | disk | FTP | other *** search
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- BUFFERD v. COMMISSIONER OF INTERNAL
- REVENUE
- certiorari to the united states court of appeals for
- the second circuit
- No. 91-7804. Argued November 30, 1992-Decided January 25, 1993
-
- Subchapter S of the Internal Revenue Code seeks to eliminate tax
- disadvantages that might dissuade small businesses from adopting
- the corporate form and to lessen the tax burden on such businesses
- by means of a pass-through system under which corporate income,
- losses, deductions, and credits are attributed to individual
- shareholders in a manner akin to the tax treatment of partnerships.
- Petitioner Bufferd, a shareholder in an S corporation, Compo
- Financial Services, Inc., claimed on his 1979 income tax return a pro
- rata share of a loss deduction and investment tax credit reported by
- Compo on its return for the 1978-1979 tax year. Code 6501(a)
- establishes a generally applicable statute of limitations allowing the
- Internal Revenue Service to assess tax deficiencies ``within 3 years
- after the return was filed.'' (Emphasis added.) As provided in
- 6501(c)(4), Bufferd extended the limitations period on his return,
- but no extension was obtained from Compo with respect to its return.
- In 1987, the Commissioner determined that the loss deduction and
- credit reported by Compo were erroneous and sent a notice of
- deficiency to Bufferd based on the deduction and credit he had
- claimed on his return. The Tax Court found for the Commissioner,
- rejecting Bufferd's argument that the claim was time barred because
- the disallowance was based on an error in Compo's return, for which
- the 3-year period had lapsed. The Court of Appeals affirmed, holding
- that, where a tax deficiency is assessed against a shareholder, the
- filing date of the shareholder's return is the relevant date for
- purposes of 6501(a).
- Held: The limitations period for assessing the income tax liability of an
- S corporation shareholder runs from the date on which the
- shareholder's return is filed. Plainly, ``the'' return referred to in
- 6501(a) is the return of the taxpayer against whom a deficiency is
- assessed, since the Commissioner can only determine whether the
- taxpayer understated his tax obligation and should be assessed a
- deficiency after examining his return. That Compo erroneously
- asserted a loss and credit to be passed through to its shareholders is
- of no consequence. The errors did not and could not affect Compo's
- tax liability, and hence the Commissioner could only assess a
- deficiency against the shareholder whose return claimed the benefit
- of the errors. By contrast, the S corporation's return does not contain
- all of the information necessary to compute a shareholder's taxes and
- thus should not be regarded as triggering the period of assessment.
- Cf. Automobile Club of Michigan v. Commissioner, 353 U. S. 180, 188.
- The statutory evidence and policy considerations proffered by Bufferd
- offer no basis for questioning this conclusion. Pp. 3-10.
- 952 F. 2d 675, affirmed.
- White, J., delivered the opinion for a unanimous Court.
-