James E. and Chung H. Peacock - Page 44

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          proceeding.  See Armstrong v. United States, 173 Ct. Cl. 944, 354           
          F.2d 274, 291 (1965); Ochs v. Commissioner, T.C. Memo. 1986-595.            
          We conclude that petitioners are collaterally estopped from                 
          denying that they are liable for the addition to tax for fraud              
          for 1987.                                                                   
               6.   Conclusion                                                        
               We conclude that respondent proved by clear and convincing             
          evidence that both petitioners are liable for additions to tax              
          for fraud for each of the years in issue.                                   
          D.   Statute of Limitations                                                 
               Petitioners allege that the statute of limitations bars                
          assessment and collection of tax for the years at issue.                    
          Respondent argues that the 3-year limit on the time to assess tax           
          under section 6501(a) does not apply here because petitioners'              
          underpayments were due to fraud.  We have found that petitioners            
          committed fraud; thus, there is no limit on the time respondent             
          may assess tax.  Sec. 6501(c)(1); Vannaman v. Commissioner, 54              
          T.C. 1011, 1018 (1970).  We hold that the statute of limitations            
          does not bar respondent from assessing and collecting tax for the           
          years in issue.                                                             
          E.   Substantial Underpayment of Tax Under Section 6661                     
               Respondent determined that petitioners are liable for the              
          addition to tax for substantial understatement of income tax                
          under section 6661.  If assessed after October 21, 1986, the                






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