Ronald C. Bachner - Page 4

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               In June 1989, petitioner was indicted on one count of tax              
          evasion for the 1985 tax year, in violation of section 7201,1 and           
          four counts of filing false, fictitious or fraudulent claims for            
          the years 1981 through 1984, in violation of 18 U.S.C. sec. 287.            
          After a jury trial in the U.S. District Court, Western District             
          of Pennsylvania, petitioner was acquitted of all charges.  On               
          September 11, 1992, respondent issued a notice of deficiency to             
          petitioner for the year 1984 in which respondent determined a               
          deficiency in the amount of $4,096 and an addition to tax                   
          pursuant to section 6653(b) of $2,048.  Respondent filed an                 
          answer asserting in the alternative that petitioner is liable for           
          additions to tax pursuant to sections 6651(a)(1) and 6653(a)(1)             
          and (2).                                                                    
               In our original bench opinion, we upheld respondent's                  
          deficiency determination and respondent's alternative position              
          regarding the additions to tax under sections 6651 and 6653(a).2            
          We held that the altered Form 1040 that petitioner filed for 1984           
          did not qualify as a "return" that would commence the running of            


               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the taxable years in                
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               2We did not uphold respondent's determination of fraud,                
          citing Raley v. Commissioner, 676 F.2d 980 (3d Cir. 1982), revg.            
          T.C. Memo. 1980-571, wherein the Court of Appeals for the Third             
          Circuit reversed a finding of fraud in a case involving similar             
          facts.  Respondent did not appeal our holding on this point.                




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