Herbert C. Elliott - Page 4

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          1040 and the letter request were put in a file and not returned             
          to the IRS until July 1993.                                                 
               On or about July 12, 1993, Mr. Trader resubmitted the Form             
          1040 and enclosed a Form 2848 power of attorney that was                    
          improperly filled out.  Subsequently, Mr. Trader correctly filled           
          out the Form 2848 and submitted it to the IRS on a date that is             
          not contained in the record.                                                
               Respondent issued a notice of deficiency for petitioner's              
          1990 taxable year on October 10, 1995.                                      
          1.  Statute of Limitations                                                  
               Petitioner contends that his Federal income tax return for             
          1990 was filed on October 17, 1991, when the Form 1040 was                  
          submitted by Mr. Trader, and respondent is therefore barred by              
          the statute of limitations from asserting a deficiency for 1990.            
          To the contrary, respondent contends that the Form 1040 submitted           
          by Mr. Trader was not a valid return, and therefore the period              
          for assessment is not barred.                                               
               Generally, an assessment of taxes must be made within "3               
          years after the return was filed (whether or not such return was            
          filed on or after the date prescribed)".  Sec. 6501(a).  Section            
          6011(a) provides that "any person made liable for any tax * * *             
          shall make a return * * * according to the forms and regulations            
          prescribed by the Secretary."  A return required to be filed                

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