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for each of the years in issue is due to fraud. See sec.
6663(b). Accordingly, petitioner is liable for the fraud penalty
under section 6663 for each of the years in issue based upon the
underpayments to be determined in the Rule 155 computations.
C. Statute of Limitations
Petitioner filed his Federal income tax return for taxable
year 1989 on April 15, 1990. Respondent mailed the notice of
deficiency on April 10, 1997. With little elaboration,
petitioner alleges on brief that the period of limitations has
run for taxable year 1989.
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
petitioner’s tax returns for the years 1989 through 1991 were
filed with the fraudulent intent to evade taxes. Accordingly,
respondent is not time barred from assessing tax liability
against petitioner for any of the subject years.
We have considered all other arguments advanced by
petitioner for a contrary result and find them to be moot,
irrelevant, or without merit.
To reflect the foregoing,
Decision will be
entered under Rule 155.
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