Homer L. Richardson - Page 62

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          fraud.  Sec. 7454(a); Rule 142(b); Jackson v. Commissioner, 380             
          F.2d 661, 664 (6th Cir. 1967), affg. T.C. Memo. 1964-330.                   
               Furthermore, it must be noted that it is the false or                  
          fraudulent return that holds the statute open.  Ballard v.                  
          Commissioner, 740 F.2d 659, 663 (8th Cir. 1984), affg. in part              
          and revg. in part on another ground T.C. Memo. 1982-466; Allen v.           
          Commissioner, T.C. Memo. 1986-125.  As a result, this and other             
          courts have long held that where a joint return is filed, fraud             
          by one spouse will serve to lift the statute of limitations as              
          to, and permit assessment against, both spouses.  E.g., Ballard             
          v. Commissioner, supra at 663; Carsendino v. Commissioner, T.C.             
          Memo. 1994-79; Dahlstrom v. Commissioner, T.C. Memo. 1991-264;              
          Allen v. Commissioner, supra.                                               
               Because respondent here has by clear and convincing evidence           
          proven fraud on the part of Mr. Richardson for the reasons                  
          explained above, assessment of petitioners’ 1996 and 1997 tax               
          liabilities is not barred by the statute of limitations.                    
          Petitioners’ intonations at various junctures that                          
          Mrs. Richardson is entitled to judgment as a matter of law on               
          statute of limitations grounds are without legal basis or merit.            
          VII.  Relief From Joint and Several Liability                               
               Notwithstanding the Court’s rulings on the foregoing issues,           
          petitioners assert that Mrs. Richardson is in any event entitled            
          to relief from joint and several liability under section                    
          6015(b)(1).  As a general rule, section 6013(d)(3) provides that            




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