Mark N. and Marla R. Kantor - Page 22

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            subsequent willingness to execute extensions to the period of                             
            limitations do not indicate a willful failure to cooperate.                               
                  Like the taxpayer in Gutierrez v. Commissioner, T.C. Memo.                          
            1995-252, affd. in part and revd. and remanded on other issues                            
            without published opinion 105 F.3d 651 (5th Cir. 1996), Mark was                          
            irresponsible and heedless in his actions.  But the record is                             
            bereft of meaningful badges of fraud other than a failure to file                         
            itself and fails to support even a strong suspicion of fraudulent                         
            intent.  Drieborg v. Commissioner, 225 F.2d at 219-220; Axelrod                           
            v. Commissioner, T.C. Memo. 1982-92, affd. without published                              
            opinion 711 F.2d 1062 (9th Cir. 1983).                                                    
            2.  Other Issues Bearing on Liabilities for Additions to Tax                              
                  i. Period of Limitations                                                            
                  Preliminary to determining whether petitioners are liable                           
            for additions to tax in the alternative, we briefly address                               
            whether respondent timely issued the notice of deficiency to                              
            petitioners within the statutory period of limitations.  Unless                           
            an exception applies, as in the case of a fraudulent return, sec.                         
            6501(c)(1), or where no tax return is filed, sec. 6501(c)(3), the                         
            IRS must assess an income tax within 3 years after the taxpayer                           
            files a return, sec. 6501(a).  The taxpayer and the IRS may agree                         
            to extend this period by executing a written agreement prior to                           
            the expiration of the period of limitations.  Sec. 6501(c)(4).                            
            In deciding that the statutory period for assessing or collecting                         
            a tax deficiency has expired, this Court decides on the merits                            




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