- 28 -
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.
Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NextLast modified: May 25, 2011