Kyl Christians - Page 19

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               C.  Remaining Badges of Fraud                                          
               Petitioner points out that factually, respondent’s case                
          rests on the understatements and the information provided to                
          lenders.  There has been no showing or allegation that petitioner           
          (1) knowingly concealed income or assets, (2) failed to cooperate           
          with respondent, (3)engaged in illegal activities, (4) attempted            
          to mislead, (5) dealt in cash, (6) lacked credibility, or (7)               
          knowingly filed false documents.                                            
               On this record we conclude and hold that respondent has                
          failed to prove by clear and convincing evidence that petitioner            
          intended to evade taxes known to be owing by conduct intended to            
          conceal, mislead, or otherwise prevent the collection of taxes.             
          Accordingly, the exception for fraud did not serve to keep the              
          assessment period for 1992, 1993, or 1994 open under section                
          6501(c).                                                                    
          II.  Respondent’s Alternative Argument Concerning Section                   
               6501(c)(1)                                                             
               Respondent also argues that, for purposes of indefinitely              
          extending the period for assessment under section 6501(c)(1),               
          petitioner’s state of mind is irrelevant.  Section 6501(c)(1)               
          provides for an exception to the 3-year period for assessment of            
          section 6501(a), as follows:                                                
                    False Return.  In the case of a false or                          
                    fraudulent return with the intent to evade                        
                    tax, the tax may be assessed, or a proceeding                     
                    in court for collection of such tax may be                        
                    begun without assessment, at any time.                            





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