- 35 - her burden of showing that any portion of the underpayment was not attributable to fraud. D. Period of Limitations Under Section 6501(c) After a return is filed, the Commissioner generally has 3 years within which to assess a deficiency in a civil tax case. Sec. 6501(a). However, in the case of a false or fraudulent return that is filed with the intent to evade tax, the tax may be assessed at any time. Sec. 6501(c). Since we conclude that petitioner’s 1996 return was such a return, we also conclude that the period for assessment remains open. Id.; see also Considine v. United States, 683 F.2d 1285, 1288 (9th Cir. 1982). III. Judicial Estoppel Petitioner argues that the Court should reject respondent’s determination on the basis of judicial estoppel. We disagree. Under the equitable doctrine of judicial estoppel, a court in its discretion may preclude a party from asserting a position contrary to a position that the party affirmatively persuaded that or another court to accept in the same or a previous judicial proceeding. Huddleston v. Commissioner, 100 T.C. 17, 26 (1993); see also New Hampshire v. Maine, 532 U.S. 742 (2001); Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782-783 (9th Cir. 2001). Factors that courts may consider in deciding whether to apply judicial estoppel include: (1) Whether a party’s later position is “clearly inconsistent” with its earlierPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011