Carlye A. Christianson - Page 13




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          1985 and under section 6653(b)(1)(A) and (B) for 1986 and 1987.             
          On the same date, respondent issued a separate notice to pe-                
          titioner for 1988 through 1990.  Respondent determined in that              
          notice that petitioner is liable for the additions to tax for               
          fraud under section 6653(b)(1) for 1988 and the additions to tax            
          for fraudulent failure to file under section 6651(f) for 1989 and           
          1990.                                                                       
                                       OPINION                                        
               In the portion of her brief headed "POINTS RELIED UPON",               
          petitioner asserts:                                                         
                    There was no fraud committed by petitioner; there-                
               fore, she is not liable for any penalty under IRC ��                   
               6651(f), 6653(b)(1), 6653(b)(1)(A), 6653(b)(1)(B) or                   
               6653(b)(2).                                                            
                    No other penalties can be assessed against pe-                    
               titioner, because the statute of limitations for as-                   
               sessment and collection of a tax liability for the                     
               taxable years ended December 31, 1986,[3] through 1990,                
               expired prior to respondent's issuance of the statutory                
               notices of deficiency.  More specifically, petitioner                  
               filed her income tax returns for the period in question                
               in May 1992.  The Commissioner issued statutory notices                
               of deficiency on April 18, 1997.  Petitioner did not                   
               execute any type of document extending the statute of                  
               limitations prior to the date of expiration of the                     
               assessment period.  The three-year period for assess-                  
               ment expired prior to April 18, 1997.  The six-year                    
               period for assessment does not apply because the IRS                   
               [sic] the income and deductions reported on peti-                      
               tioner's returns was accepted as correct after examina-                
               tion by the IRS.  [Fn. added]                                          


               3Although not altogether clear, we presume that the refer-             
          ence to the taxable year ended Dec. 31, 1986, is a typographical            
          error.  We shall proceed on the assumption that petitioner claims           
          that the period of limitations for 1985 also has expired.                   




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