- 5 -
In violation of Title 26, United States Code,
Section 7206(1).
Count 3: THE GRAND JURY FURTHER CHARGES THAT: On or
about June 27, 1987 * * * John J. Maloney * * * did
willfully make and subscribe an amended federal income
tax return for the year 1986, * * * which tax return he
did not believe to be true and correct as to every
material matter in that the return stated that his
taxable income for this year was $167,461 when in fact
and as he then well knew, his taxable income was
$239,418.
In violation of Title 26, United States Code,
Section 7206(1).
A jury returned a verdict of guilty with respect to both of the
above counts, and in September of 1992 judgment was entered and
Mr. Maloney was sentenced. Mr. Butler pleaded guilty to three
counts of violating section 7206(2) (assisting the false filing
of a return) and one count of violating 18 U.S.C. 371 (conspiracy
to defraud the Government). On January 22, 1996, respondent
issued the notice of deficiency that petitioners now contest.
OPINION
Section 6501(a) provides that, generally, the amount of any
tax must be assessed within 3 years of the filing of a return.
Section 6501(c)(1), however, provides that if the taxpayer files
a false or fraudulent return with the intent to evade tax, the
amount of the tax due may be assessed at any time. Respondent
concedes that the notice of deficiency was issued after the
expiration of the 3-year period but contends that petitioners
filed false or fraudulent original and amended returns and,
therefore, assessment is not barred.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011