Ridge L. Harlan and Marjory C. Harlan - Page 13




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          II. Overview                                                                
               In general, section 6501(a)8 bars assessment of an income              


               8Sec. 6501 provides, in pertinent part, as follows:                    
               SEC. 6501. LIMITATIONS ON ASSESSMENT AND COLLECTION.                   
                    (a) General Rule.--Except as otherwise provided in this           
               section, the amount of any tax imposed by this title shall             
               be assessed within 3 years after the return was filed                  
               (whether or not such return was filed on or after the date             
               prescribed) * * * and no proceeding in court without                   
               assessment for the collection of such tax shall be begun               
               after the expiration of such period.                                   
                           *    *    *    *    *    *    *                            
                    (e) Substantial Omission of Items.--Except as otherwise           
               provided in subsection (c)--                                           
                         (1) Income Taxes.--In the case of any tax imposed            
                    by subtitle A [relating to income taxes]--                        
                              (A) General rule.--If the taxpayer omits from           
                         gross income an amount properly includible therein           
                         which is in excess of 25 percent of the amount of            
                         gross income stated in the return, the tax may be            
                         assessed, or a proceeding in court for the                   
                         collection of such tax may be begun without                  
                         assessment, at any time within 6 years after the             
                         return was filed.  For purposes of this                      
                         subparagraph--                                               
                                   (i) In the case of a trade or business,            
                              the term “gross income” means the total of              
                              the amounts received or accrued from the sale           
                              of goods or services (if such amounts are               
                              required to be shown on the return) prior to            
                              diminution by the cost of such sales or                 
                              services; and                                           
                                   (ii) In determining the amount omitted             
                              from gross income, there shall not be taken             
                              into account any amount which is omitted from           
                              gross income stated in the return if such               
                                                             (continued...)           





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