Ellis E. Neder, Jr. - Page 12

                                       - 12 -                                         
          unreported income for 1985.  The prosecution’s sole grounds for             
          contending that petitioner filed a false tax return for 1985 was            
          that petitioner did not report as income deposits into his                  
          personal accounts of parts of the loan proceeds.  Since these               
          were the only allegations that petitioner’s return was false, it            
          was essential to petitioner’s criminal conviction under section             
          7206 that the jury concluded that to some extent the money                  
          deposited in petitioner’s accounts was income to petitioner.                
          Collateral estoppel applies only to the extent a finding was                
          necessary to the result in petitioner’s criminal case.  We                  
          conclude that petitioner is barred by the doctrine of collateral            
          estoppel from disputing that he received but intentionally failed           
          to report some amount of unreported income in 1985.                         
          B.   Whether the Statute of Limitation Bars Assessment of Tax               
               Petitioner filed his 1985 tax return on December 4, 1987.              
          The notice of deficiency was mailed slightly less than 6 years              
          later, on November 22, 1993.  Petitioner contends that the notice           
          of deficiency was untimely because it was mailed more than 3                
          years after petitioner filed his 1985 return on December 4, 1987.           
               Section 6501 bars sending a notice of deficiency more than 3           
          years after the later of (1) the date the tax return was filed,             
          or (2) the due date of the tax return unless an exception to the            
          three-year time limit applies.  However, the Commissioner has 6             
          years to send the notice of deficiency if the Commissioner proves           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011