Janice L. Morris - Page 50

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          of Accu-Data.  Consequently, the stockholder loan account asset             
          reflected on the balance sheets that were contained in the Forms            
          1120-A and 1120S that Accu-Data filed for relevant years could              
          not have described a loan from Accu-Data to TPI.35                          
               Based on our review of the record before us, we find that              
          petitioner has failed to prove that Mr. Morris did not receive a            
          constructive dividend from Accu-Data during 1989 in the amount of           
          $11,504.  We therefore sustain respondent on that issue.                    
          Statute of Limitations                                                      
               Petitioner contends that the period of limitations pre-                
          scribed by section 6501(a), and not the period of limitations               
          prescribed by section 6501(c), applies to the assessment of a               
          deficiency against her for 1987 and that that period had expired            
          prior to the date on which respondent issued the notice for that            
          year.  Petitioner's contention is apparently based on her reading           
          of section 6501(c)(1) which applies "In the case of a false or              
          fraudulent return with the intent to evade tax".  It is peti-               
          tioner's position that since she did not intend to evade tax when           
          she signed the 1987 joint return, section 6501(c)(1) does not               
          apply to her.                                                               


          35  We also note that the balance sheet in the Form 1120-A filed            
          by Accu-Data for the taxable year that ended June 30, 1987,                 
          showed that the stockholder loan account increased from $4,394 to           
          $7,217 during that year.  Assuming arguendo that that asset                 
          related to a loan or loans made by Accu-Data to TPI during 1981             
          and 1982, it should not have increased during the period July 1,            
          1986, through June 30, 1987, especially since TPI was dissolved             
          on Feb. 1. 1986, and Mr. Morris testified that TPI was basically            
          defunct around 1984 and 1985.                                               



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