- 8 - Although not dispositive, a conviction for filing false Federal income tax returns under section 7206(1) is evidence of fraudulent intent. Wright v. Commissioner, 84 T.C. 636, 643-644 (1985). Where false or fraudulent Federal income tax returns are filed with an intent to evade tax, the normal 3-year period of limitation on assessment does not apply. Sec. 6501(c). Also, the 3-year period of limitation on assessment does not begin to run unless a taxpayer’s Federal income tax return is delivered to and received by respondent. Walden v. Commissioner, 90 T.C. 947, 951 (1988). Where a joint Federal income tax return was filed, a finding that fraud was committed by either spouse keeps the period of limitation on assessment open with respect to both spouses. Vannaman v. Commissioner, 54 T.C. 1011, 1018 (1970). Generally, taxpayers bear the burden of proving that they are entitled to claimed deductions. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Taxpayers are expected to maintain adequate records to substantiate claimed deductions. Sec. 6001. In carrying on a trade or business, only ordinary and necessary business expenses are deductible. Sec. 162(a). For 1982 and 1983, petitioners argue that they did not fraudulently intend to evade their correct Federal income tax liabilities. Petitioners argue that the reductions petitioner made to the rental income on the summary sheets were based onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011