- 11 - reported on the original 1987 return, he should not be held liable for the fraud addition to tax for 1987. A taxpayer’s fraudulent original return, however, is not purged by the filing of a subsequent amended return. The fraud was committed when the original return was prepared and filed. Badaracco v. Commissioner, 464 U.S. 386, 394 (1984). Petitioner amended his 1987 Federal income tax return only after being notified that the return would be audited, and even then petitioner underreported on the amended 1987 Federal income tax return his income by approximately $5,600. As indicated, petitioner argues that respondent audited petitioner's 1986 books and records three times without providing the written notice to petitioner required under section 7605(b) and therefore that the notice of deficiency should be treated as invalid with regard to the fraud addition to tax for 1986. In general, a taxpayer's books and records are subject to only one examination per year unless respondent notifies the taxpayer in writing that an additional examination is necessary. Sec. 7605(b). A taxpayer, however, may waive this requirement by failing to object to a subsequent examination without receiving the written notice called for in section 7605(b). Rife v. Commissioner, 41 T.C. 732, 746-747 (1964), revd. and remanded on another issue 356 F.2d 883 (5th Cir. 1966); Rice v. Commissioner, T.C. Memo. 1994-204; Anderson v. Commissioner, T.C. Memo. 1989- 472. Assuming, without so finding, that a second or even thirdPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011