- 10 - SEC. 6501(c). Exceptions.-- (1) False Return.--In the case of a false or fraudulent return with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time. As discussed in detail below, we have found that the facts deemed admitted under Rule 37(c) establish that petitioner's income tax returns for 1982, 1983, and 1984, were filed fraudulently with the intent to evade tax. Consequently, the three-year period of limitations in section 6501(a) does not apply. Deficiencies and Additions to Tax Under Sections 6654 and 6661 As to the deficiencies determined by respondent and the additions to tax under sections 6654 and 6661, respondent's determinations are presumptively correct, and petitioner bears the burden of proving otherwise. See Rule 142(a). Based on the facts deemed admitted, petitioner has failed to meet her burden of proof. See Marshall v. Commissioner, supra at 272. Accordingly, we shall grant summary judgment for respondent with respect to such deficiencies and additions. Additions to Tax Under Section 6653(b) Respondent determined that petitioner is liable for the additions to tax for fraud pursuant to section 6653(b), which requires respondent to establish, by clear and convincing evidence, that there is an underpayment of tax and that some portion of that underpayment is due to fraud. See sec. 7454(a);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011