- 10 - that: The issue as to ownership of the funds is identical, the holding of the California courts are final, petitioners were parties in one proceeding and found to be in privity with Victor in the earlier proceeding, the issues here were necessarily litigated by petitioners in the State court proceeding(s), and there has been no change in the facts or law. We note that petitioners were ordered by the California courts to return the $272,100 but they have not done so, and they do not argue here that they are compelled to do so. Accordingly, we hold that, for 1989, Arthur’s and Edgar’s receipt of $136,550 and $135,550, respectively, is income to them and does not constitute nontaxable inheritances from their father. Did the Period for Assessment Expire Before Respondent’s Issuance of the Notice of Deficiency to Edgar? Edgar contends that the period for assessment had expired before respondent’s August 27, 1998, mailing of the notice of deficiency for Edgar’s 1989 taxable year. Edgar executed consents beginning on September 5, 1996, and again on May 20, 1997, which, if effective, would have extended the period for assessment to December 31, 1998. The normal 3-year period for assessment under section 6501(a), however, would have expired on October 15, 1993, before the execution of the first consent to extend the statutory period. Respondent contends that the 3-year assessment period is not applicable because Edgar omitted more than 25 percent of grossPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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