- 28 - Statute of Limitations The Commissioner generally is required to assess tax within 3 years of the date the return is filed. Sec. 6501(a). There is no limitation period to assess tax if the Commissioner proves fraud. Sec. 6501(c)(1). In light of our holding that respondent has proved fraud under section 6653(b) for petitioner, we hold that assessment and collection of the deficiencies and additions to tax for substantial understatement determined against petitioners, and of the additions to tax for fraud determined against petitioner, are not barred by the statute of limitations. Accordingly, we need not reach respondent's alternative argument under section 6501(e) for 1985. To reflect the foregoing and the concessions by the parties, Decision will be entered under Rule 155.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011