- 11 - extension of the period of limitations to Mr. Goldschmidt. On March 19, 1991, Mr. Fitzgerald renewed the request, this time directly to petitioners. On March 21, 1991, petitioners signed and dated the Form 872, which further extended the period of limitations to June 30, 1992. Petitioners signed a third extension on February 26, 1992, which expired on June 30, 1993. On June 25, 1993, respondent issued a statutory notice of deficiency to petitioners. Petitioners filed a timely petition with the Tax Court. OPINION Respondent determined additions to tax for fraud for each of the 5 years in issue solely with respect to petitioner Mark N. Kantor. Since we find no fraud for any of the years, we address respondent's alternative determinations of negligence, which are against petitioners jointly and severally by reason of their having filed joint income tax returns for the years in issue. Reaching these alternative determinations requires that we address, infra p. 24, petitioners' allegation that the period of limitations expired for each of the tax years in issue because an invalid extension, Form 872, was executed.5 5There is a minor evidentiary issue: Petitioners submitted at trial three letters, labeled petitioners' exhibit 29, that we exclude from evidence as hearsay. Fed. R. Evid. 802. The letters do not fall within the hearsay exception of "records of regularly conducted activity". Fed. R. Evid. 803(6). First, the letters are not entries made during the routine of a business. They were apparently specifically written at Mark's behest to his (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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