Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 238

                                                -307-                                                   
            Consequently, Kanter and Ballard are liable for additions to tax                            
            for fraud as asserted in respondent’s amended pleadings.125                                 
                  Consistent with the foregoing, we reject Kanter’s and                                 
            Ballard’s assertions that the period of limitations governing                               
            assessment and collection has expired for some of the years at                              
            issue.  In short, the period of limitations remains open for each                           
            of years at issue pursuant to section 6501(c)(1) which provides                             
            that tax may be assessed at any time in the case of a false and                             
            fraudulent tax return with the intent to evade tax.                                         
            Issue III.  Whether Commitment Fees Paid to Century Industries,                             
                  Ltd., During 1981 to 1984 and 1986 Are Includable in                                  
                         Kanter’s Income (STJ report at 86-92)126                                      
                                          FINDINGS OF FACT                                              
                  At issue is whether certain entities that claimed to be                               
            partners in Century Industries, Ltd. (Century Industries or the                             
            partnership) should be disregarded as partners of the partnership                           
            for Federal income tax purposes and whether 50 percent of the                               
            partnership’s income for 1981, 1982, 1983, 1984, and 1986,                                  
            instead, constitutes income earned by Kanter for those years.                               


                  125  Inasmuch as respondent asserted various other additions                          
            to tax against Kanter and Ballard strictly as alternatives to                               
            respondent’s assertion of the fraud additions (which we sustained                           
            above with regard to income Kanter and Ballard earned from The                              
            Five), we need not consider the alternative additions to tax.                               
                  126  The remainder of the issues discussed in this report                             
            pertain only to the Kanters.  Hereinafter, references to                                    
            petitioners are to the Kanters.                                                             





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