Ridge L. Harlan and Marjory C. Harlan - Page 14




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          tax deficiency more than 3 years after the later of the date the            
          tax return was filed or the due date of the tax return.  The                
          parties stipulated that the 3-year general period of limitations            
          on assessment under section 6501(a) expired for petitioners’ 1985           
          tax year before the respective notices of deficiency were sent.             
          Respondent has the burden of proving the applicability of an                
          exception to the general limitations period.  See Rule 142; Reis            
          v. Commissioner, 142 F.2d 900 (6th Cir. 1944), affg. 1 T.C. 9, 12           
          (1942), as modified by a Memorandum Opinion of this Court dated             
          June 4, 1943.  In particular, as respondent acknowledges, in                
          order for the 6-year period of limitations under section 6501(e)            
          to apply, respondent must show that the taxpayer has omitted an             
          amount of gross income which is more than 25 percent of the                 
          amount of gross income stated in the tax return.  See Davenport             
          v. Commissioner, 48 T.C. 921, 928 (1967) (taxpayers’ tax returns            
          showed net losses from a partnership; 6-year statute of                     
          limitations did not apply because the Commissioner “has not shown           
          whether a partnership return was filed for those years and if so            
          the gross income reported thereon”); Hurley v. Commissioner, 22             
          T.C. 1256, 1264-1265 (1954), affd. 233 F.2d 177 (6th Cir. 1956)             



               8(...continued)                                                        
                              amount is disclosed in the return, or in a              
                              statement attached to the return, in a manner           
                              adequate to apprise the Secretary of the                
                              nature and amount of such item.                         






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