Simco Automotive Pump Co., Inc. - Page 3




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               (3) Whether John committed fraud in not reporting income               
          from scrap metal sales for the years in issue.  We hold that he             
          did.1                                                                       
               (4) Whether Simco committed fraud or, in the alternative,              
          was negligent in not reporting income from scrap metal sales for            
          the years in issue.  We hold that Simco is not liable for either.           
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  We           
          incorporate by this reference the stipulation of facts,                     
          supplemental stipulation of facts, and attached exhibits.  At the           
          time of filing the petitions, Simco’s offices were located in               
          Detroit, Michigan, and John resided in Bloomfield Hills,                    
          Michigan.                                                                   
          Overview                                                                    
               Simco was a corporation engaged in the reconditioning and              
          resale of automobile water pumps.  Simco’s taxable year was a               
          fiscal year ending June 30.  John and his brother Neal MacLean              




               1 John raised as an affirmative defense in his amended                 
          petition, and petitioners argue on brief, that assessment is                
          barred by the statute of limitations on assessment and collection           
          in sec. 6501.  Because we find that John committed fraud, the               
          period of limitations remains open, and respondent may assess at            
          any time.  See sec. 6501(c)(1).                                             







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