David Bruce Billings - Page 61

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               Indeed, as this Court recently has noted, Hillsboro                    
               National Bank v. Commissioner, 460 U.S. 370, 378-380,                  
               n.10 (1983), the Internal Revenue Code does not                        
               explicitly provide either for a taxpayer’s filing, or                  
               for the Commissioner’s acceptance, of an amended                       
               return; instead, an amended return is a creature of                    
               administrative origin and grace.  Thus, when Congress                  
               provided for assessment at any time in the case of a                   
               false and fraudulent “return,” it plainly included by                  
               this language a false or fraudulent original return.                   
               In this connection, we note that until the decision of                 
               the Tenth Circuit in Dowell v. Commissioner, 614 F.2d                  
               1263 (1980), cert. pending, No. 82-1873, courts                        
               consistently had held that the operation of �6501 and                  
               its predecessors turned on the nature of the taxpayer’s                
               original, and not his amended, return.8                                
                    8The significance of the original, and not the                    
               amended, return has been stressed in other, but                        
               related, contexts.  It thus has been held consistently                 
               that the filing of an amended return in a nonfraudulent                
               situation does not serve to extend the period within                   
               which the Commissioner may assess a deficiency.  See,                  
               e.g., Zellerbach Paper Co. v. Helvering, 293 U.S. 172                  
               (1934); National Paper Products Co. v. Helvering, 293                  
               U.S. 183 (1934); National Refining Co. v. Commissioner,                
               1 B.T.A. 236 (1924).  It also has been held that the                   
               filing of an amended return does not serve to reduce                   
               the period within which the Commissioner may assess                    
               taxes where the original return omitted enough income                  
               to trigger the operation of the extended limitations                   
               period provided by �6501(e) or its predecessors.  See,                 
               e.g., Houston v. Commissioner, 38 T.C. 486 (1962);                     
               Goldring v. Commissioner, 20 T.C. 79 (1953).  And the                  
               period of limitations for filing a refund claim under                  
               the predecessor of �6511(a) begins to run on the filing                
               of the original, not the amended, return.  Kaltreider                  
               Construction, Inc. v. United States, 303 F.2d 366, 368                 
               (CA3), cert. denied, 371 U.S. 877 (1962).                              
               The undisputed facts of this case establish that (1)                   
          petitioner’s original return understated his and his wife’s                 
          income tax liability for 1999, and (2) there was a deficiency in            
          income tax for 1999 resulting from that understatement.  Given              





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