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II. Statute of Limitations24
Section 6501(a) provides that the amount of any tax imposed
shall be assessed within 3 years after the return was filed.
However, if the taxpayer omits from gross income an amount
properly includable that is in excess of 25 percent of the gross
income reported on the return, the tax may be assessed within 6
years from the date the return was filed. Sec. 6501(e)(1)(A).
Any amount that is omitted from gross income but is “disclosed in
the return, or in a statement attached to the return, in a manner
adequate to apprise the Secretary of the nature and amount of
such item”, shall not be taken into account for purposes of
computing the amount of gross income omitted from the return.
Sec. 6501(e)(1)(A)(ii). In applying section 6501(e)(1)(A)(ii),
we must consider whether an adjustment to the taxpayer’s gross
income might be apparent from the face of the return to the
“reasonable man”. Univ. Country Club, Inc. v. Commissioner, 64
T.C. 460, 471 (1975). Although section 6501(e)(1)(A)(ii) does
not require that the return disclose the exact amount of the
24As a preliminary matter, we note that the Gouveias did not
raise the statute of limitations as a defense in their pleadings,
as required by Rule 39. However, we granted respondent leave to
file an amendment to answer that addressed the statute of
limitations issue. Subsequently, both parties discussed the
issue in their pretrial memoranda and on brief. Under these
circumstances, we consider the issue to have been tried by
consent of the parties. Rule 41(b)(1); LeFever v. Commissioner,
103 T.C. 525, 538 (1994), affd. 100 F.3d 778 (10th Cir. 1996);
Anderson v. Commissioner, T.C. Memo. 1993-288, affd. without
published opinion 36 F.3d 1091 (4th Cir. 1994).
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