Tommy Ho Ching Cheng - Page 12

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               Section 6501(a) provides:  “Except as otherwise provided in            
          this section, the amount of any tax imposed by this title shall             
          be assessed within 3 years after the return was filed (whether or           
          not such return was filed on or after the date prescribed)”.                
          (Emphasis added.)  Section 6501(a) thus provides a 3-year period            
          of limitations on the assessment of tax running from the date               
          when a return was filed--it does not provide a period of                    
          limitations within which a notice of deficiency must be issued.             
          Because petitioner did not file a return, respondent may issue a            
          notice of deficiency at any time and the period of limitations on           
          assessment remains open indefinitely.  See sec. 6501(c)(3).                 
          Petitioner’s argument has no merit.                                         
          C.   Petitioner’s Federal Income Tax Deficiency                             
               Respondent determined that petitioner had unreported income            
          of $1,138,436 in 1996, and a corresponding Federal income tax               
          deficiency of $459,500.  Petitioner asserts that because                    
          respondent failed to produce sufficient evidence of petitioner’s            
          receipt of taxable income, the notice of deficiency is not                  
          entitled to a presumption of correctness.  Therefore, petitioner            
          argues, respondent bears the burden of proof with respect to the            
          unreported income at issue.  In making this argument, petitioner            
          ignores his own admission.                                                  
               The Court of Appeals for the Ninth Circuit, to which an                
          appeal of this case would lie, has held that the Commissioner’s             






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