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2. Whether res judicata bars respondent from asserting
additions to tax for the 1986 through 1988 tax years. We hold
that it does not.
a. Whether petitioner is liable under section 6651 for
failing to file his 1986 through 1988 Federal income tax returns.
We hold that he is.
b. Whether petitioner is liable under section 6653 for
the negligence addition to tax. We hold that he is.
c. Whether petitioner is liable under section 6654 for
failing to pay estimated income tax for 1986 through 1988. We
hold that he is.2
FINDINGS OF FACT
The case was submitted to the Court fully stipulated on
October 9, 1997. The stipulations of fact, with accompanying
exhibits, are incorporated herein by reference.3 During 1984
2In his petition, petitioner argues that expiration of the
statutory period of limitations bars assessment and collection of
deficiencies in income tax for the years in issue. Respondent
contends that petitioner failed to file returns for the 1986
through 1988 tax years, and therefore the income tax deficiencies
for those years may be assessed at any time under sec.
6501(c)(3). Generally, assessment must be made within 3 years
after the filing of a return. Sec. 6501(a). However, in the
case of failure to file a return, the tax may be assessed at any
time. Sec. 6501(c)(3). The parties have stipulated that
petitioner did not file Federal income tax returns for 1986
through 1988; consequently, the period of limitations is not a
consideration in this case.
3Respondent objects to petitioner's Exhibit 7 on the grounds
of relevancy. Petitioner's Exhibit 7 is a copy of a "Release of
(continued...)
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