- 64 - 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).Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011