- 581 - Issue 32. Whether Assessment and Collection of Federal Income Taxes of Kanter, Ballard, and Lisle Are Barred by the Statute of Limitations for Some Years OPINION Petitioners contend that the assessment of tax for the Ballards' 1978, 1979, 1981, 1982, and 1984 years, the Lisles' 1984 year, and the Kanters' 1983 year is barred by the statute of limitations under section 6501(a). Section 6501(c)(1) provides that the tax may be assessed "at any time" in the case of a false or fraudulent return with the intent to evade tax. The definition of fraud for purposes of additions to tax under section 6653(b) also applies for purposes of determining the application of section 6501(c)(1). See Schaffer v. Commissioner, 779 F.2d 849, 857 (2d Cir. 1985), affg. Mandina v. Commissioner, T.C. Memo. 1982-34; Ruidoso Racing Association v. Commissioner, 476 F.2d 502, 505 (10th Cir. 1973), affg. T.C. Memo. 1971-194; Tomlinson v. Lefkowitz, 334 F.2d 262 (5th Cir. 1964); Estate of Temple v. Commissioner, 67 T.C. 143, 159-160 (1976); McGee v. Commissioner, 61 T.C. 249, 252, 261 (1973), affd. 519 F.2d 1121 (5th Cir. 1975). Having found and held that part of the underpayment of tax was due to fraud with intent to evade tax (1) as to Kanter for the years 1978 through 1984 and 1986 through 1989, (2) as to Ballard for 1978 through 1982, 1984, and 1987 through 1989, and (3) as to Lisle for 1984 and 1987 through 1989, it follows thatPage: Previous 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 Next
Last modified: May 25, 2011