Khosrow Ghadiri and Turan Mirhady Ghadiri - Page 12

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          admitted that he is unsure of the exact dates when "loans" were             
          made and how much of the "loan" proceeds he deposited in his                
          personal and business bank accounts.                                        
               We find no probative evidence that any of the deposits were            
          loans.  We are persuaded that the record supports respondent's              
          computation of petitioners' income for each of the 3 years                  
          involved, based on the bank deposits.                                       
          B.  Period of Limitation                                                    
               Respondent admits that the 3-year period of section 6501(a)            
          has expired with respect to assessing tax for petitioners' 1988             
          taxable year.  Respondent argues, however, that the 6-year period           
          of limitation of section 6501(e)(1) applies because petitioners'            
          1988 tax return omitted more than 25 percent of their gross                 
          income for that year.  Petitioners argue that respondent has                
          failed to show that they underreported their income by more than            
          25 percent because respondent's bank deposits analysis does not             
          meet her burden of proof.  We agree with respondent.                        
               Generally, the period of limitation for assessment of tax is           
          3 years from the date a taxpayer's return is filed.  Sec.                   
          6501(a).  If, however, a taxpayer omits from gross income an                
          amount in excess of 25 percent of the gross income reported on              
          his or her tax return, the statutory period for assessment is               
          extended to 6 years.  Sec. 6501(e)(1)(A).                                   
               For the 6-year period to apply, respondent must prove by a             
          preponderance of the evidence that:  (1) Petitioners omitted from           




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