- 10 - that petitioner had the specific intent to evade taxes with respect to the money he obtained from the Kieffers. Accordingly, we hold that respondent has not carried his burden of proving fraud by clear and convincing evidence. II. Period for Assessment Because we hold that petitioner is not liable for the fraud penalty, the exception of section 6501(c)(1) (permitting tax to be assessed at any time in the case of a false or fraudulent return with the intent to evade) is inapplicable. At trial, respondent conceded that the exception of section 6501(e) is also inapplicable for 1995 because the $9,500 of gross income petitioner omitted from his 1995 return is less than 25 percent of the $61,725 of gross income he reported. Respondent has not established that any other exception to the general 3-year limitation period applies for 1995. Accordingly, respondent is time barred from assessing petitioner’s 1995 taxes. Petitioner has not pleaded or argued the statute of limitations with respect to respondent’s assessment of his 1996 taxes; we deem petitioner to have conceded any such issue. In any event, the exception of section 6501(e) is applicable, inasmuch as the amount of income petitioner omitted exceeded 25 percent (in fact, over 100 percent) of the gross income stated on his 1996 return. Accordingly, respondent is not time barred from assessing petitioner’s 1996 taxes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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