- 28 - dividends from Radtam on his individual Federal income tax returns.26 After considering the entire record, we hold that respondent has met his burden of proving that some portion of petitioners’ underpayment for each year in issue is attributable to fraud on the part of both Mr. and Mrs. Bacon. III. Statute of Limitations Section 6501(a) provides, generally, for a 3-year period of limitations. However, 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. See sec. 6501(c)(1). Where a joint Federal income tax return was filed, a finding that fraud was committed by either spouse keeps the period of limitations on assessment open with respect to both spouses. See Vannaman v. Commissioner, 54 T.C. 1011, 1018 (1970). Since we have already found that the returns for the years in issue were fraudulent, it follows that the exception found in 26Mr. Bacon testified that he did not want to confuse the credit card company with the fact that he did not draw a salary but instead had substantial rental income. On their 1991 income tax return, petitioners reported $135,000 gross rents from property located at Route 73, Cinnaminson, N.J. (the property rented to Radtam on which the Jug Handle Inn is located). Petitioners’ total net rental income reported for 1991 was $65,277. Petitioners reported gross rental receipts of $368,930, rental expenses, other than depreciation of $221,217, and depreciation of $82,435 on their Schedule E, Supplemental Income and Loss Schedule.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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