Wilburn C. Hall, Jr. - Page 28

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          OPINION                                                                     
          A few preliminary comments: Petitioner created a number of                  
          corporations. Petitioner tells us that he largely ignored their             
          separate existences. However, on this and many other matters                
          petitioner presented us with little more than his general                   
          conclusory testimony, and his claim that his tax returns (filed             
          about 1 to 5 years late) were accurate.                                     
          We have done what we could with a relatively confusing                      
          record which, we believe, generally reflects the underlying                 
          confusion in the factual situation.                                         
          I. Statute of Limitations                                                   
          In general section 6501(a)5 bars assessment of an income tax                
          deficiency more than 3 years after the later of (1) the date the            
          tax return was filed or (2) the due date of the tax return. If              
          the taxpayer proves that the notice of deficiency was mailed more           
          than 3 years after the later of the filing or the due date, then            
          respondent has the burden of pleading and proving the existence             
          of an exception to the general period of limitations. Stratton              
          v. Commissioner, 54 T.C. 255, 289, modified on another issue 54             
          T.C. 1351 (1970); Farmers Feed Co. v.-Commissioner, 10 B.T.A.               

               5SEC. 6501. LIMITATIONS ON ASSESSMENT AND COLLECTION.                  
          (a) General Rule.--Except as otherwise provided in this                     
          section, the amount of any tax imposed by this title [title 26,             
          the Internal Revenue Code] shall be assessed within 3 years after           
          the return was filed (whether or not such return was filed on or            
          after the date prescribed) * * * and no proceeding in court                 
          without assessment for the collection of such tax shall be begun            
          after the expiration of such period.                                        



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