- 27 -
6501(c)(1). If the return is fraudulent in any respect, it
deprives the taxpayer of the bar of the statute of limitations
for that year. Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir.
1961), affg. T.C. Memo. 1960-32; see also Colestock v.
Commissioner, 102 T.C. 380, 385 (1994) ("Thus, where fraud is
alleged and proven, respondent is free to determine a deficiency
with respect to all items for the particular taxable year without
regard to the period of limitations.").
We found that petitioner filed a fraudulent income tax
return for 1989; therefore the period of limitations on
assessment for that year remains open.
To reflect the foregoing,
Decision will be entered
under Rule 155.
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Last modified: May 25, 2011