-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.Page: Previous 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 Next
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