- 33 - the return. If the taxpayer proves that the notice of deficiency was mailed more than 3 years after the applicable date, then the Commissioner has the burden of proving the existence of an exception to the general period of limitations. Minahan v. Commissioner, 88 T.C. 492, 506 (1987); Stratton v. Commissioner, 54 T.C. 255, 289 (1970). Under section 6501(e)(1)(A), the period during which the Commissioner may assess a deficiency is 6 years when a taxpayer omits from income an amount that exceeds 25 percent of the gross income required to be shown on the taxpayer's return. The Commissioner has the burden of proving by a preponderance of the evidence that the taxpayer has omitted an amount in excess of 25 percent of the gross income required to be shown on the return. Armes v. Commissioner, 448 F.2d 972, 974 (5th Cir. 1971), affg. in part and revg. in part T.C. Memo. 1969-181; Colestock v. Commissioner, 102 T.C. 380, 383 (1994); Burbage v. Commissioner, 82 T.C. 546, 553 (1984), affd. 774 F.2d 644 (4th Cir. 1985). Where a joint return has been filed, the omission of income is considered to be a failure to report income by each spouse. Benjamin v. Commissioner, 66 T.C. 1084, 1100 (1976), affd. on another issue 592 F.2d 1259 (5th Cir. 1979). Mr. Gherman's return for the year ended 1988 was filed on October 30, 1989. The notice of deficiency for that year was mailed to him on July 19, 1991. Thus, the notice of deficiencyPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011