- 3 -
* 50 percent of the interest due on $17,045, $4,553, and $6,452 for 1983,
1984, and 1985, respectively.
Petitioner resided in Montvale, New Jersey, at the time the
petition was filed.
In the petition, petitioner alleged, inter alia, that
assessment of the deficiencies in, and additions to, tax for
1983, 1984, and 19853 is barred by the statute of limitations.
On July 11, 1994, respondent filed an answer to the petition
in which she denied all substantive allegations of fact and error
and affirmatively alleged, inter alia:
7. FURTHER ANSWERING the petition, and as a
defense to the assignment of error that the statute of
limitations bars the assessment and collection of the
deficiencies in income tax and the additions to tax due
from the petitioners for the taxable years 1983, 1984,
1985 * * * , the respondent alleges:
(a) The income tax due from the petitioners
for the years 1983, 1984, 1985 * * * may be assessed,
or a proceeding in Court for the collection of such tax
may be begun without assessment, at any time under the
provisions of I.R.C. � 6501(c)(1), because the peti-
tioners filed false or fraudulent income tax returns
for said years with intent to evade tax, as is more
fully set forth by the facts alleged in paragraph 8
below setting forth the details of the fraud, which
facts are relied upon by the respondent as a defense to
any issue involving the statute of limitations.
8. FURTHER ANSWERING the petition, and in sup-
port of the determination that part of the underpayment
of tax required to be shown on the petitioners' income
3 Petitioner also alleged, inter alia, that assessment of the
deficiencies in, and additions to, tax for 1986 is barred by the
statute of limitations. However, in light of the representations
in respondent's motion that, for 1986, (1) there is no deficiency
in income tax due from, or overpayment due to, petitioner and
(2) there are no additions to tax due from petitioner under secs.
6653(b)(1)(A) and (B) and 6661, we shall not address any allega-
tions in any of the pleadings relating to 1986.
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