Gerald A. Sadler - Page 12




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          II.  Periods of Limitation                                                  
               Petitioner argues that respondent cannot assess the tax                
          liabilities petitioner reported on his tax returns due to the               
          expiration of the statutory periods of limitation.                          
              In the case of a false or fraudulent return with the intent            
          to evade tax, the tax may be assessed at any time.  See sec.                
          6501(c)(1).  If the return is fraudulent, it deprives the                   
          taxpayer of the bar of the statutory period of limitations for              
          that year.  See Badaracco v. Commissioner, 464 U.S. 386, 396                
          (1984); Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir. 1961),             
          affg. T.C. Memo. 1960-32; see also Colestock v. Commissioner, 102           
          T.C. 380, 385 (1994).                                                       
               We found that petitioner filed fraudulent income tax returns           
          for 1989 and 1990; therefore, the period of limitation on                   
          assessment for each of these years remains open.                            
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and to the extent not                    
          mentioned above, we find them to be irrelevant or without merit.            
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          











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