James O. Jondahl - Page 23

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         from arguing here that he did not willfully file a false income              
         tax return for each of the years in issue.  We conclude that                 
         respondent has shown by clear and convincing evidence that                   
         petitioner filed false or fraudulent returns with the intent to              
         evade tax for the years at issue.  Therefore, the 3-year period              
         of limitations under section 6501(a) does not apply to any of                
         petitioner’s 1990, 1991, 1992, and 1993 years, and respondent is             
         not barred from assessing any deficiencies in petitioner’s taxes             
         for those years.                                                             
         II. Burden of Proof6                                                         
              Respondent’s determinations in the notice of deficiency are             
         presumed correct, and petitioner bears the burden of proving that            
         respondent’s determinations are incorrect.  See Rule 142(a); see             
         Welch v. Helvering, 290 U.S. 111, 115 (1933); Page v.                        
         Commissioner, 58 F.3d 1342, 1347 (8th Cir. 1995), affg. T.C.                 
         Memo. 1993-398.  Respondent asserted adjustments in an amended               
         answer that were not made in the notice of deficiency.                       
         Respondent bears the burden of proof with respect to the items of            
         adjustment not raised in the notice of deficiency.  See Rule                 
         142(a); see Achiro v. Commissioner, 77 T.C. 881, 889 (1981).                 


               6Sec. 7491 does not apply to this case because the                     
          examination of petitioner’s 1990, 1991, and 1992 returns began              
          before July 22, 1998.  See Internal Revenue Service Restructuring           
          and Reform Act, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.               
          The audit was subsequently expanded to include petitioner’s 1993            
          tax year.                                                                   




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