- 6 - $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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011