- 18 - restitution.5 The District Court’s judgment was affirmed by the U.S. Court of Appeals for the Eighth Circuit on August 6, 1999. On May 22, 2002, respondent issued a notice of deficiency for petitioner’s 1990, 1991, 1992, and 1993 years. Petitioner timely filed a petition with the Court. OPINION I. Expiration of the Period of Limitations The first issue we must consider is whether the period of limitations for each of petitioner’s 1990, 1991, 1992, and 1993 years expired before respondent issued the notice of deficiency on May 22, 2002. Petitioner contends that the 3-year period in section 6501(a) expired and respondent’s assessment is barred. Respondent argues that the period of limitations in section 6501(a) does not apply pursuant to section 6501(c)(1) and (2) because petitioner filed false or fraudulent returns with the intent to evade tax for the years at issue. Accordingly, our determination of whether the period of limitations remains open depends on whether petitioner committed fraud in the filing of his 1990, 1991, 1992, and 1993 returns. 5On Feb. 18, 1999, petitioner paid in full the $42,873.24 restitution ordered by the District Court. The parties stipulated that the amount paid as restitution will be credited to any deficiencies for the years 1990, 1991, 1992, and 1993 after they are redetermined by the Court or agreed upon by the parties.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011