Walter L. Medlin - Page 71

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          personal items, including jewelry for Ms. Allen and expenses for            
          his 25 Ferrari automobiles.                                                 
               Unlike most of the unreported items involving gain from real           
          estate transactions that we find were due to fraud, the 1985                
          foreclosure sale of the Citrus County Property was not a typical            
          sale of real estate.  Respondent originally determined that                 
          petitioner realized $49,907 as cancellation of indebtedness                 
          income with respect to the Citrus County Property, in 1987.                 
          Respondent first raised the issue of gain from the foreclosure              
          sale as a new matter in his amendment to answer.  Respondent has            
          not proven that the portion of the underpayment from the 1985               
          foreclosure sale of the Citrus County Property was attributable             
          to petitioner’s fraud.  The addition to tax under section                   
          6653(b)(2) shall not apply to that portion of the underpayment              
          attributable to the gain realized from the foreclosure sale in              
          1985.  Respondent has proven to our satisfaction that the                   
          remaining amount of the underpayment for 1985 is attributable to            
          fraud.  We hold that the addition to tax under section 6653(b)(2)           
          applies to that amount of the underpayment.                                 
          III.  Statute of Limitations for Assessment                                 
               Generally, the amount of any tax must be assessed within 3             
          years after the return required to be filed by the taxpayer was             
          filed (whether such return was filed on or after the date                   
          prescribed therefor).  Sec. 6501(a).  However, in the case of a             






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