- 22 - Mr. Coyle’s testimony about the amount and type of income he received from Regal was at best vague and, at worst, evasive. We conclude that Mr. Coyle’s testimony was self-serving and lacked credibility. See Tokarski v. Commissioner, 87 T.C. at 77. On the basis of the entire record, we conclude that the underpayments of tax due from Mr. Coyle for 1992 and 1993 were due to fraud. We sustain respondent’s determinations of fraud penalties under section 6663 with respect to Mr. Coyle for 1992 and 1993. 4. Period of Limitations a. Regal We have concluded that Regal's underpayments of tax were not due to fraud. Thus, section 6501(c)(1) does not prevent the running of the periods of limitations with respect to Regal. We look to whether the periods of limitations are open under section 6501(e). Section 6501(e) extends the period within which the Commissioner must assess an underpayment of tax to 6 years from the date the return was filed. Section 6501(e) is applicable if a taxpayer omits from gross income an amount properly includable which is greater than 25 percent of the amount of gross income stated in the return. “Gross income” means, in the case of a trade or business, the total of the amounts received or accrued from the sale of goods or services (if required to be shown on the return) before reducing it by thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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