- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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