Leo N. Levitt and Ruth G. Levitt - Page 64

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          G.   Statute of Limitations                                                 
               Petitioners contend that the time to assess tax for                    
          petitioners for 1963 to 1969 has expired.5  We disagree as to               
          1964 to 1969 and agree as to 1963.                                          
               The Commissioner is generally required to assess tax within            
          3 years of the date the return is filed or due, whichever is                
          later.  Sec. 6501(a).  There is no limit on the time to assess              
          tax if the Commissioner proves fraud.  Sec. 6501(c)(1).  We have            
          found that petitioner is liable for fraud for each of the years             
          1964 to 1970.  Thus, respondent may assess tax for those years.             
          Sec. 6501(c)(1).  However, the time to assess tax for 1963 has              
          expired because respondent has not proven fraud for that year.              
          H.   Whether Ruth Levitt Is an Innocent Spouse                              
               1.   Background                                                        
               Petitioners contend that Ruth Levitt is an innocent spouse             
          under section 6013(e).                                                      
               Spouses who file joint tax returns are jointly and severally           
          liable for tax.  Sec. 6013(d)(3).  Petitioners argue that Ruth              
          Levitt is not liable for the deficiencies and the addition to tax           
          for substantial understatement of income tax because she is an              
          innocent spouse under section 6013(e).  To qualify as an innocent           
          spouse for any of the years in issue, petitioners must prove                
          that: (a) Ruth Levitt filed a joint return for the year; (b)                


          5 Petitioners concede that respondent may assess tax for                    
          1970 under sec. 6501(c)(4).                                                 




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