Charles L. Fields and Barbara S. Fields - Page 38

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          negligence, carelessness, recklessness, or even gross negligence            
          will not, by itself, support such a finding.  United States v.              
          MacKenzie, 777 F.2d 811, 818-819 (2d Cir. 1985); see also Wright            
          v. Commissioner, T.C. Memo. 1993-328, affd. without published               
          opinion 73 F.3d 372 (9th Cir. 1995).                                        
               vii.  Conclusion                                                       
               We find that respondent has clearly and convincingly proven            
          fraud on the part of petitioner for all years in issue, and we so           
          hold.  We also find that respondent has clearly and convincingly            
          proven that petitioner is liable for the time-sensitive provision           
          for fraud with respect to the total deficiency for 1982.24                  
          Issue 5.  Period of Limitation                                              
               Respondent generally must assess tax within 3 years of the             
          later of the due date of a return or its filing date.  Sec.                 
          6501(a) and (b)(1); Mecom v. Commissioner, 101 T.C. 374, 381                
          (1993), affd. without published opinion 40 F.3d 385 (5th Cir.               
          1994).  Because respondent mailed the subject notice of                     
          deficiency to petitioners after this 3-year period, she must rely           
          on an exception to the general rule to assess Federal taxes for             
          those years.  As one exception to the general rule, tax owed on a           
          false or fraudulent return may be assessed at any time.  Sec.               
          6501(c)(1).  "Fraud" has the same meaning in section 6501(c)(1),            
          as in section 6653(b).  Ruidoso Racing Association, Inc. v.                 

               24 We note that all of the deficiency for 1982 stems from              
          respondent's adjustment to petitioners' interest income.                    




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