- 22 - income tax. Petitioner bears the burden of proving that he is not liable for the addition to tax under section 6661. Rule 142(a). He offered no evidence or argument that he is not liable for the addition to tax under section 6661(a). We conclude that petitioner is liable for the section 6661(a) addition to tax for 1985 and 1986. F. Petitioner’s Procedural Contentions 1. Whether Time To Assess Taxes Had Expired Petitioner contends that the time to assess the taxes at issue expired before respondent issued the notice of deficiency. We disagree. The Commissioner may assess tax at any time if the taxpayer files a fraudulent return or fails to file a return. Sec. 6501(c)(1), (3). Petitioner filed fraudulent returns for 1985 and 1986, Wapnick v. Commissioner, T.C. Memo. 1997-133, and did not file a return for 1987. Thus, respondent’s notice of deficiency is timely. 2. Summary Judgment Petitioner contends that he is entitled to summary judgment based on his contention that the 13 corporations are not shams, that he had more than $3 million in bad debts in 1988, and that he was wrongly convicted in his criminal case. We disagree. Summary judgment is not appropriate here because material facts are in dispute. We have found that petitioner’s 13 corporationsPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011