- 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.                                                          
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