- 2 - Penalty Year Deficiency Sec. 6663 1992 $4,831 $3,623.25 1993 12,115 9,086.25 1994 18,912 14,184.00 Petitioner contends that respondent is barred from assessing the income tax deficiencies because the notice of deficiency was mailed after the expiration of the 3-year period for assessment provided for in section 6501(a).1 Respondent contends that the period for assessment remains open under section 6501(c)(1) because petitioner filed false and fraudulent returns for the years in question. In the alternative, respondent contends, and petitioner concedes, that the period for assessment remained open for 1994 because of the substantial understatement of gross income by more than 25 percent. In such circumstances, section 6501(e) provides for a 6-year period for assessment. We consider here whether petitioner’s understatements for taxable years 1992, 1993, and 1994 were due to fraud. In the event we do not find petitioner’s understatement for taxable year 1994 was due to fraud, respondent may assess the deficiency under section 6501(e). 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011