U.R. Neely - Page 2




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               Kirk A. McCarville, for petitioner.                                    
               John W. Duncan, for respondent.                                        


               VASQUEZ, Judge:  Respondent issued to petitioner a notice of           
          determination concerning worker classification.  Petitioner                 
          contends that respondent is barred from assessing additional                
          employment taxes for the taxable periods in issue on the grounds            
          that the notice of determination was issued after the expiration            
          of the general 3-year period of limitations under section                   
          6501(a).1  Respondent argues that the period of limitations on              
          assessment remains open pursuant to section 6501(c) by reason of            
          petitioner’s fraudulent conduct.                                            
               In a previous opinion, we addressed whether this Court                 
          possesses jurisdiction to address issues pertaining to the period           
          of limitations on assessment in the context of a case brought               
          under section 7436.  We resolved that inquiry in the affirmative.           
          See Neely v. Commissioner, 115 T.C. 287 (2000).  Accordingly, we            
          now address whether the period of limitations on assessment                 
          expired prior to the issuance of respondent’s notice of                     
          determination.                                                              






               1  All section references are to the Internal Revenue Code             
          as amended, and all Rule references are to the Tax Court Rules of           
          Practice and Procedure.                                                     




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