Benjamin and Sallie Campfield - Page 28

                                       - 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