Investment Research Associates - Page 540




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          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 that              






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