Theodore Langworthy, Jr. - Page 15

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          barred.  Respondent contends that the instant case falls within             
          the exception in section 6501(c)(1), which provides that tax may            
          be assessed at any time if a false or fraudulent return is filed            
          with the intent to evade tax.15  Accordingly, respondent also               
          determined in the deficiency notice that petitioner is liable for           
          (1) additions to tax for fraud under section 6653(b)(1)(A) and              
          (B) for 1987,16 (2) an addition to tax for fraud under section              
          6653(b) for 1988,17 and (3) a penalty for fraud under section               

          15   In the alternative, respondent contends that petitioner's              
          return for 1990 is subject to the 6-year period of limitations              
          applicable under sec. 6501(e)(1)(A) because that return omitted             
          substantial amounts of gross income.  We need not consider                  
          respondent's alternative argument because we find fraud for each            
          of the years in issue, including 1990.                                      
          16   Sec. 6653(b)(1)(A) and (B) reads as follows:                           
               SEC. 6653(b).  Fraud.--                                                
                    (1)  In general.--If any part of any underpayment (as             
               defined in subsection (c)) of tax required to be shown on a            
               return is due to fraud, there shall be added to the tax an             
               amount equal to the sum of--                                           
                         (A) 75 percent of the portion of the underpayment            
                    which is attributable to fraud, and                               
                         (B) an amount equal to 50 percent of the interest            
                    payable under section 6601 with respect to such portion           
                    for the period beginning on the last day prescribed by            
                    law for payment of such underpayment (determined                  
                    without regard to any extension) and ending on the date           
                    of the assessment of the tax or, if earlier, the date             
                    of the payment of the tax.                                        
          17   Sec. 6653(b) reads, in pertinent part, as follows:                     
               SEC. 6653(b). Fraud.--                                                 
                                                             (continued...)           




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