116 T.C. No. 8 UNITED STATES TAX COURT U.R. NEELY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 14936-98. Filed February 13, 2001. P contends that R is barred from assessing additional employment taxes because the notice of determination concerning worker classification was issued after the expiration of the general 3-year period of limitations under sec. 6501(a), I.R.C. R contends that the period of limitations on assessment is indefinitely extended pursuant to sec. 6501(c)(1), I.R.C., by reason of P’s fraud in the filing of various employment tax returns. Held: The elements of fraud in the employment tax context are the same as those in the income, estate, and gift tax contexts. Held, further, P did not commit fraud for purposes of sec. 6501(c)(1), I.R.C. Accordingly, R is barred by the statute of limitations from assessing additional employment taxes for the taxable periods in issue.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011