- 82 - section 6501(c)(1),22 which provides that if a false or fraudulent return is filed with the intent to evade tax, then the tax may be assessed at any time.23 Petitioner contends that respondent has failed to prove fraud by clear and convincing evidence for 1983, 1984, and 1985 and thus, assessment and collection of tax for 1983, 1984, and 1985 are barred by the statute of limitations. We agree with respondent as to 1985, and with petitioner as to 1983 and 1984. Respondent has the burden of proving the applicability of the fraud exception to the general period of limitations. 22 SEC. 6501. LIMITATIONS ON ASSESSMENT AND COLLECTION. * * * * * * * (c) Exceptions.-- (1) False return.--In the case of a false or fraudulent return with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time. 23 Proof that either spouse committed fraud on a joint tax return extends the limitations period for both spouses on that tax return, even though only one of the spouses may be liable for the fraud addition to tax. Hicks Co. v Commissioner, 56 T.C. 982, 1030 (1971), affd. 470 F.2d 87 (1st. Cir. 1972); Stone v. Commissioner, 56 T.C. 213, 227-228 (1971). In the joint notices of deficiency, respondent had determined that both Betsy and petitioner had committed fraud for 1983 through 1987. However, in the instant cases respondent’s counsel made it plain at trial that respondent is relying, as to the statute of limitations, solely on the fraud determined against petitioner, and not on any contention that Betsy committed fraud.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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