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petitioners failed to give Jenkins accurate information for the
preparation of their Federal income tax returns.
On the basis of all the evidence, we conclude and 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 Lesely and Aljournia.
4. Statute of Limitations
At trial, petitioners argued that the period of limitations
has run for the years at issue. Petitioners’ argument is
without merit.
Generally the amount of any tax must be assessed within 3
years after a return is filed. See sec. 6501(a). If the
Commissioner proves that the taxpayer’s return was false or
fraudulent with the intent to evade tax, however, tax may be
assessed “at any time”. Sec. 6501(c)(1). We have held that
respondent proved by clear and convincing evidence that
petitioners’ Federal income tax returns for taxable years 1987
through 1990 were filed with the fraudulent intent to evade
taxes. Accordingly, respondent is not time barred from
assessing tax liability against petitioners for any of the
subject years.
To reflect the foregoing and respondent’s concessions,
Decision will be entered
under Rule 155.
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