- 156 - false or fraudulent return with the intent to evade tax, the tax may be assessed at any time. Sec. 6501(c)(1). Respondent bears the burden of proving the applicability of this exception, and he must prove the same elements of fraud under section 6501(c)(1) as he is required to prove with respect to the additions to tax for fraud. Estate of Johnson v. Commissioner, T.C. Memo. 2001-182. In this case, respondent has shown by clear and convincing evidence that an underpayment of tax exists for each of the years 1985, 1986, 1987, and 1988, and he has shown that at least some part of that underpayment for each of those years is a result of fraud by petitioner. Therefore, we hold that the open period of limitations of section 6501(c)(1) applies, and section 6501(a) does not bar assessment of petitioner’s deficiencies in taxes. See DiLeo v. Commissioner, 96 T.C. at 880.99 Decision will be entered under Rule 155. 99Since we hold that each of the tax years at issue is open under sec. 6501(c)(1), we do not address respondent’s alternative argument that the 1988 assessment is not barred under sec. 6501(a), because the period of limitations specified in sec. 6501(e)(1) applies and was extended by sec. 7609(e)(1).Page: Previous 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 Next
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