The Connell Business Company, et al. - Page 6

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          $6,709.91 and $20,289.03 of gross income in their 1995 and 1996             
          returns, respectively.                                                      
               At some point before April 15, 1998, petitioners were                  
          referred by respondent’s Examination Division to respondent’s               
          Criminal Investigation Division for a potential criminal fraud              
          action with respect to their use of the petitioner trusts in                
          1994, 1995, and 1996.3  While a recommendation was made in 2000             
          to prosecute petitioners for violations of section 7201 for 1995,           
          1996, and 1997, no criminal action was initiated, for reasons not           
          disclosed in the record.                                                    
               Respondent issued notices of deficiency to petitioners and             
          the petitioner trusts for 1995, 1996, and 1997 on August 2, 2001.           
          The notices were issued more than 3, but fewer than 6, years                
          after the 1995 and 1996 returns were filed.  Petitioners concede            
          that the notice issued to them was timely with respect to their             
          1997 return.                                                                
               Petitioners and the petitioner trusts timely mailed their              
          petitions for the 1995, 1996, and 1997 tax years to the Tax Court           
          on October 31, 2001.  During the fall/winter of 2001-2002, the              
          Court experienced significant delays in the receipt of mail                 




               3 Although the fraud referral report prepared by the                   
          Examination Division is undated, it is stated therein that the              
          “earliest statute expiration date” for the years under review is            
          Apr. 15, 1998, indicating that the referral was being made before           
          that date.                                                                  




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