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