James O. Jondahl - Page 18

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         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.                                                                    




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