Kyl Christians - Page 10

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          that petitioner did not deal in cash, (7) that K&L Exteriors was            
          one of the least sophisticated operations he had seen, (8) that             
          petitioner paid approximately $90 in self-employment tax for                
          taxable year 1992 and a minimal amount of income tax, and (9)               
          that petitioner reported no income tax or self-employment tax               
          liability for taxable years 1993 and 1994.                                  
               The special agent did not discover evidence showing an                 
          overstatement of expense deductions or illegal activities or that           
          Four Square was used for any improper purposes.  At the                     
          conclusion of the criminal investigation, the special agent                 
          recommended criminal prosecution of petitioner and petitioner’s             
          father for taxable years 1993 and 1994.  The record does not                
          reflect the disposition of these matters.                                   

                                       OPINION                                        
               The parties have narrowed the focus of this case.                      
          Petitioner agrees that there was unreported income and, hence,              
          underpayments of tax for 1992, 1993, and 1994.  However, the 3-             
          year period for assessment, provided for in section 6501(a), had            
          expired with respect to all 3 taxable years at the time                     
          respondent mailed the notice of deficiency to petitioner.                   
          Respondent, in his answer, affirmatively alleged that the                   
          understatement of tax for each of the 3 years is due to fraud               
          and, therefore, that the period for assessment remained open at             
          the time the notice was mailed.  See sec. 6501(c)(1).                       





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