Estate of Leon Spear, Deceased, Jeanette Spear, Harvey Spear and Robert Spear, Administrators, and Jeanette Spear - Page 20

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          amount of income.  Sec. 6501(e)(1)(A).  Section 6501(e)(1)(A)               
          provides in part:                                                           
               If the taxpayer omits from gross income an amount                      
               properly includible therein which is in excess of 25                   
               percent of the amount of gross income stated in the                    
               return, the tax may be assessed, or a proceeding in                    
               court for the collection of such tax may be begun                      
               without assessment, at any time within 6 years after                   
               the return was filed.  * * *                                           
               Respondent bears the burden of proving that the 6-year limit           
          on the time to assess tax applies.  Reis v. Commissioner, 1 T.C.            
          9, 13-14 (1942), affd. 142 F.2d 900 (6th Cir. 1944).                        
                    b.   Six-Year Requirement                                         
               Less than 6 years after the due date for petitioner's 1976             
          and 1977 returns, petitioners signed Forms 872 to extend the time           
          to assess tax to December 31, 1986.  Respondent issued the notice           
          of deficiency on December 23, 1986.  Petitioners concede that               
          respondent issued the notice of deficiency in time to qualify               
          under section 6501(e)(1)(A) if more than 25 percent of gross                
          income was omitted from each return.                                        
                   c.   Twenty-Five Percent Omission From Gross Income               
               Respondent must prove that petitioners omitted more than 25            
          percent of gross income from their 1976 and 1977 returns.  Sec.             
          6501(e)(1)(A); Romine v. Commissioner, 25 T.C. 859, 871 (1956).             
               Petitioners contend that respondent does not meet the 25               
          percent requirement.  Petitioners contend that respondent may not           
          rely on the general presumption of correctness of a deficiency              
          notice to meet this burden, and that the mere existence of bank             



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