AJF Transportation Consultants, Inc. - Page 10




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             from AJF's cash receipts journal.  Expenses were determined using                                    
             check registers and cash-paid-out journals.  AJF's books and                                         
             records did not disclose amounts pertaining to the fuel                                              
             reimbursement checks from the J.C. Penney distribution centers,                                      
             nor did they disclose the Custom Decorating checks for delivery                                      
             services.                                                                                            
                   In general, after the returns were prepared for clients                                       
             including petitioners, Witkowski's office would contact the                                          
             client, who would normally pick them up.  If the client had not                                      
             picked them up after a reasonable length of time, Witkowski's                                        
             office would again contact the client.                                                               
                    Witkowski signed AJF's corporate returns for 1988, 1989, and                                  
             1990 on June 15, 1989, June 1, 1990, and July 8, 1991,                                               
             respectively.  For some unexplained reason, the 1988 and 1989                                        
             corporate returns reflect that Ferrentino signed them on May 6,                                      
             1991.  He signed the 1990 corporate return on July 12, 1991.                                         
                                                    OPINION                                                       
             I.  Fraudulent Return Exception                                                                      
                    Since the 3-year period of limitations on assessment under                                    
             section 6501(a) has expired with respect to the taxable years at                                     
             issue, respondent is barred from assessing the deficiencies                                          
             unless an exception to section 6501(a) applies.                                                      
             However, section 6501(c) provides exceptions to the general rule.                                    
             The pertinent exception in this case is found in section                                             
             6501(c)(1) which provides that "In the case of a false or                                            



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