- 40 - 1121 (5th Cir. 1975); Johnson v. Commissioner, T.C. Memo. 1999-48; House v. Commissioner, T.C. Memo. 1995-92. Petitioners misrepresented the profitability of the limousine service to Ms. Pavlak. She sued petitioners for fraud and misrepresentation relating to her purchase of Top Play and received a judgment in the amount of $95,000. Petitioners’ dishonesty in their business transaction with Ms. Pavlak is evidence of petitioners’ willingness to defraud respondent. C. Conclusion as to Fraud We find that the circumstances of this case, taken as a whole, clearly and convincingly establish that petitioners acted with the requisite fraudulent intent, and that their underpayments of tax for 1988 and Mr. Del Bosque’s underpayment of tax for 1989 are due to fraud. Accordingly, we sustain respondent’s determination that petitioners are liable for the additions to tax for fraud under section 6653(b) for 1988 and that Mr. Del Bosque is liable for the fraud penalty under section 6663 for 1989. III. Issue 6–Period of Limitations on Assessment and Collection Section 6501(a) generally imposes a 3-year period of limitations on assessment and collection of tax. There is an exception to this 3-year period in the case of a “false or fraudulent return with the intent to evade tax”. Sec. 6501(c)(1); Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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