- 31 - evade tax". See sec. 6501(c)(1); Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir. 1961), affg. T.C. Memo. 1960-32; Colestock v. Commissioner, 102 T.C. 380, 385 (1994). Section 6501(c) provides as follows in this regard: (1) False Return.--In the case of a false or fraudulent return with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time. Because we have sustained respondent's determination that petitioner's underpayment of tax for 1983 was attributable to fraud, the 3-year period of limitations is inapplicable to that return. See Lowy v. Commissioner, supra at 520; Colestock v. Commissioner, supra at 285; Beauchamp v. Commissioner, T.C. Memo. 1997-393. Pursuant to section 6501(c)(1), a tax deficiency with respect to petitioner's 1983 return may be assessed at any time. Accordingly, we reject petitioner's argument that the period of limitations expired prior to the time respondent issued the subject notice of deficiency.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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