John R. Boone, Jr. - Page 17

                                       - 17 -                                         
          stipulated that, other than the nontaxable sources agreed to                
          above and the contested cash gift, there are no other possible              
          nontaxable sources for the amounts omitted from petitioner's                
          returns for 1989 and 1990.                                                  
                                       OPINION                                        
               We must decide whether certain of petitioner's bank deposits           
          and cash expenditures constitute unreported gross income in                 
          excess of 25 percent of the amount of gross income stated in                
          petitioner's return, so that assessment and collection of income            
          tax thereon is not barred by reason of the 6-year period of                 
          limitations provided by section 6501(e)(1)(A).  If assessment and           
          collection is not so barred, we must also decide whether the                
          unreported bank deposits and cash expenditures made by petitioner           
          constitute self-employment income subject to tax pursuant to                
          section 1401 for 1989 and 1990.  We must also decide whether                
          petitioner is liable for accuracy-related penalties for                     
          negligence pursuant to section 6662(a) for those taxable years.             
          I.  Does the Period of Limitations Bar Respondent's Assessment of           
          Deficiencies for 1989 and 1990?                                             
               Generally, no deficiency in income tax may be assessed or              
          collected more than 3 years after the return is filed.  Sec.                
          6501(a).  In the instant case, there is no dispute that the                 
          deficiency notice was mailed to petitioner after the expiration             
          of the 3-year period of limitations, but within the 6-year period           
          of limitations.                                                             





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011