-44- 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, thePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011