Kyl Christians - Page 2

                                        - 2 -                                         
                                                  Penalty                             
               Year           Deficiency             Sec. 6663                        
               1992           $4,831              $3,623.25                           
               1993           12,115              9,086.25                            
               1994           18,912              14,184.00                           
               Petitioner contends that respondent is barred from assessing           
          the income tax deficiencies because the notice of deficiency was            
          mailed after the expiration of the 3-year period for assessment             
          provided for in section 6501(a).1  Respondent contends that the             
          period for assessment remains open under section 6501(c)(1)                 
          because petitioner filed false and fraudulent returns for the               
          years in question.  In the alternative, respondent contends, and            
          petitioner concedes, that the period for assessment remained open           
          for 1994 because of the substantial understatement of gross                 
          income by more than 25 percent.  In such circumstances, section             
          6501(e) provides for a 6-year period for assessment.                        
               We consider here whether petitioner’s understatements for              
          taxable years 1992, 1993, and 1994 were due to fraud.  In the               
          event we do not find petitioner’s understatement for taxable year           
          1994 was due to fraud, respondent may assess the deficiency under           
          section 6501(e).                                                            





               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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Last modified: May 25, 2011