- 17 - OPINION 1. Period of Limitations and Fraud We address the issues of fraud and the period of limitations prior to the other issues in the instant case because, absent fraud, the period of limitations prevents respondent’s assessment of the taxable years in issue. Sec. 6501(c)(1); see, e.g. Langworthy v. Commissioner, T.C. Memo. 1998-218. The notice of deficiency was issued on June 9, 2004, after the expiration of the general 3-year period of limitations on assessments for both petitioners’ 1991 and 1992 taxable years. Sec. 6501(a). However, in the case of the filing of a false or fraudulent return with intent to evade tax, the tax may be assessed at any time. Sec. 6501(c)(1). If the return is fraudulent in any respect, it deprives the taxpayer of the bar of the statute of limitations for that year. Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir. 1961), affg. T.C. Memo. 1960-32. “Thus, where fraud is alleged and proven, respondent is free to determine a deficiency with respect to all items for the particular taxable year without regard to the period of limitations.” Colestock v. Commissioner, 102 T.C. 380, 385 (1994). Moreover, if a joint return was filed, proof of the fraudulent intent as to one spouse lifts the bar of the statute of limitations as to both spouses. Vannaman v. Commissioner, 54 T.C. 1011, 1018 (1970).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: March 27, 2008