Georges Z. Zakhem - Page 5

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          Instead, petitioner contends that he does not owe any Federal tax           
          liabilities because he timely filed the tax returns at issue.               
                                     Discussion                                       
          Section 6501                                                                
               Section 6501(a) sets forth limitations on assessment and               
          provides as a general rule that Federal income taxes must be                
          assessed within 3 years after the filing of the return.  However,           
          if the taxpayer fails to file a return, the statute of limitation           
          is never set in operation, and the IRS may assess the tax at any            
          time.  Sec. 6501(c)(3); sec. 301.6501(c)-1(c), Proced. & Admin.             
          Regs.                                                                       
               If the Court finds that petitioner timely filed the returns            
          for 1995, 1996, and 1997, respondent’s assessments are time-                
          barred under section 6501(a).  If, however, the Court finds that            
          petitioner did not file the returns, the assessments are valid              
          because respondent may assess the tax at any time.  In the latter           
          case, the Court will also address whether petitioner is liable              
          for additions to tax under sections 6651(a)(1) and 6654.                    
               The Commissioner’s determinations are presumed correct, and            
          generally taxpayers bear the burden of proving otherwise.3  Rule            
          142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).                    


               3Petitioner has not raised the issue of sec. 7491(a) which             
          shifts the burden of proof to the Commissioner in certain                   
          situations.  This Court concludes that sec. 7491 does not apply             
          because petitioner has not produced any evidence that establishes           
          the preconditions for its application.                                      




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