- 16 - Imposing the fraud penalty under section 6663 on petitioner for the years at issue does not violate the Double Jeopardy Clause. Barnette v. Commissioner, 95 T.C. 341 (1990); Starling v. Commissioner, T.C. Memo. 1989-392, affd. 954 F.2d 729 (11th Cir. 1992). Finally, petitioner argues that he has paid the $61,000 restitution ordered by the District Court and that the Government cannot be permitted to recover twice on the same tax liability. This Court has jurisdiction to determine whether a deficiency or overpayment exists. Should it ultimately be determined that petitioner has made payments in excess of any redetermined tax liability, this Court has jurisdiction to decide the correct amount of any overpayment in the taxable years before the Court. Sec. 6512(b). That is so whether payments were made under the District Court’s restitution order or for any other reason. See M.J. Wood Associates, Inc. v. Commissioner, supra. Issue 3. Whether, Pursuant to Section 6501, the Period for Assessing Tax Has Expired for the Years at Issue Generally, the Commissioner must assess tax within 3 years after the due date of a timely filed return. Sec. 6501(a). However, if the return is false or fraudulent with the intent to evade tax, the tax may be assessed at any time. Sec. 6501(c)(1). Since the notice of deficiency was mailed to petitioner more than 3 years after the due dates of the 1991-94 returns, respondent bears the burden of proving that an exception to the 3-year limitPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011