- 8 -
The other two counts were dismissed. Dr. Wilkinson was sentenced
to 5 years of probation and 4 months of electronic home
detention, and he was fined $10,000.
OPINION
A. Period of Limitations
Petitioners allege in their petition that respondent is time
barred from assessing or collecting a deficiency, or an addition
thereto, for 1988 or 1989. We disagree with petitioners that
such an assessment or collection by respondent is time barred.
The Commissioner generally must assess tax against an
individual within 3 years of the later of the due date or the
filing date of his or her return. Sec. 6501(a) and (b)(1);
Mecom v. Commissioner, 101 T.C. 374, 381 (1993), affd. without
published opinion 40 F.3d 385 (5th Cir. 1994). Given that
petitioners filed their 1988 and 1989 Federal income tax returns
after their due dates, the 3-year period commences on the date of
filing; i.e., November 6, 1992. See Korshin v. Commissioner,
T.C. Memo. 1995-46, affd. 91 F.3d 670 (4th Cir. 1996). Because
respondent issued the notice for the years in issue on
November 3, 1995, which is within 3 years of the filing date, it
is timely.2
B. Unreported Income
2 Petitioners apparently agree. They have not further
argued this issue in their brief.
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