Document Type

Article

Publication Date

6-15-2009

Publication Title

State Tax Notes

Publication Title (Abbreviation)

St. Tax Notes

Volume

52

First Page

917

Last Page

920

Abstract

Tax statutes, like statutes of all kinds, frequently prescribe dates or times by which actions are to be taken. If the actor – either the taxpayer or the state or local revenue authority – fails to act by the specified date or time, the actor sometimes can be rescued by any of several legal and equitable mechanisms.

This installment of Interpretation Matters addresses one of those mechanisms: the doctrine of equitable tolling. Part I below describes the doctrine generally and gives examples of successful use of the doctrine by taxpayers and by revenue authorities. Part II identifies possible barriers to application of the doctrine. Part III offers practice suggestions for advancing and opposing equitable tolling arguments.

Rights

© 2009 Steve R. Johnson

Comments

First published in State Tax Notes.

Faculty Biography

http://www.law.fsu.edu/our-faculty/profiles/johnson

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