-12-
never shifts from the party who pleads the bar of the period of
limitations. Stern Bros. & Co. v. Burnet, 51 F.2d 1042 (8th Cir.
1931), affg. 17 B.T.A. 848 (1929); Mecom v. Commissioner, supra
at 383 n.16.
2. Six-Year Period of Limitations
Respondent relies on the 6-year period of limitations under
section 6501(e) as an exception to the general 3-year period.
Section 6501(e) generally provides that a 6-year period of
limitations is applicable when a taxpayer omits from gross income
an amount includable therein which is greater than 25 percent of
the amount of gross income stated in the return.5 Once
5 SEC. 6501(e) provides, in pertinent part, as follows:
SEC. 6501(e). Substantial Omission of
Items.-–Except as otherwise provided in subsection
(c)--
(1) Income taxes.-–In the case of any
tax imposed by subtitle A--
(A) General rule.-–If the
taxpayer omits from gross income an
amount properly includible therein
which is in excess of 25 percent of
the amount of gross income stated
in the return, the tax may be
assessed, or a proceeding in court
for the collection of such tax may
be begun without assessment, at any
time within 6 years after the
return was filed. For purposes of
this subparagraph–-
(i) In the case of a
(continued...)
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