James J. Coyle - Page 25




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               Respondent does not specifically allege4 that Regal omitted            
          from gross income for the taxable years ending March 31, 1993 and           
          1994, amounts properly includable that are greater than 25                  
          percent of the amounts stated in the returns under section                  
          6501(e)(1)(A)(i).  Regal reported gross income of $379,221 for              
          the year ending March 31, 1993, and $409,996 for the year ending            
          March 31, 1994.  See Colony, Inc. v. Commissioner, 357 U.S. 28              
          (1958) (concluding that Congress intended to extend period of               
          limitations under statutory predecessor to section                          
          6501(e)(1)(A)(i) when gross receipts are understated on return).            
          Respondent determined Regal omitted gross income of $79,454 from            
          the return for the tax year ending March 31, 1993.  This amount             
          is not greater than 25 percent of the amount of gross income                
          stated in the return.  Respondent did not determine that Regal              
          omitted gross income from its return for the tax year ending                
          March 31, 1994, under section 6501(e)(1)(A) because respondent              
          denied an NOL carryforward that was not an item omitted from the            
          return.  Sec. 301.6501(e)-1(a)(1)(ii), Proced. & Admin. Regs.               
          Accordingly, section 6501(e) is not applicable to extend the                
          periods of limitations for either of the tax years ending March             
          31, 1993 or 1994.                                                           

               4  The Court permitted petitioners to raise the bar of the             
          statute of limitations at trial and further permitted respondent            
          to make general affirmative allegations as to the basis for the             
          exceptions to the normal 3-year period of limitations under sec.            
          6501(a).                                                                    





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