Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 32

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          he attached to the return for that year a disclosure statement              
          asserting that the return was substantially incomplete, because             
          at the time of filing he had not received from Mr. Feltman                  
          information needed to prepare the return.                                   
               On audit, respondent determined that petitioners had                   
          unreported income for 1984, 1985, and 1986 of $1,540,000,                   
          $1,365,462, and $1,642,537, respectively.  Additionally,                    
          respondent determined that Mr. Gherman had unreported income for            
          1987 and 1988 of $1,529,500 and $1,645,000, respectively.  The              
          notices of deficiency for the years in issue were mailed on July            
          19, 1991, and state that respondent's determinations were "based            
          on information available from certificates of deposit records               
          compiled by the bankruptcy trustee."                                        
                                       OPINION                                        
          Statutory Period of Limitations                                             
               Petitioners contend that assessment of the deficiency and              
          additions to tax that respondent determined for each of the years           
          ended 1984 through 1988 is barred by expiration of the periods of           
          limitations under section 6501.  Respondent contends, however,              
          that the period of limitations to assess the deficiencies and               
          additions to tax has not expired for any year in issue.                     
               Generally, under section 6501(a) an income tax deficiency              
          and additions to tax must be assessed within 3 years of the later           
          of (1) the date the tax return was filed or (2) the due date of             





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