- 17 - Hong Lai and Gioni Birkenfeld lent to petitioner to purchase the cashier’s check on their behalf. As noted supra, loan proceeds do not constitute income to a taxpayer. Id. We therefore hold that the amount of the cashier’s check does not represent income to petitioner.7 Based on the credible documentary evidence and credible corroborating testimony, petitioner has established by a preponderance of the evidence that a portion of the disputed determinations is erroneous. However, petitioner has not carried her burden of proof with regard to the remaining portion of the deficiency. We therefore partially uphold respondent’s determination. 7 Generally, the Commissioner may assess taxes only within 3 years after a taxpayer files his or her income tax return. Sec. 6501(a). However, if a taxpayer omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in the return, the Commissioner may assess income taxes for that year at any time within 6 years after the return was filed. Sec. 6501(e)(1)(A). In the matter before us, the notice of deficiency was issued on Oct. 5, 2004. Petitioner filed her 1999 income tax return on or about Oct. 20, 2000. Thus, without regard to application of the sec. 6663 fraud penalty, discussed infra, unless sec. 6501(e) applies, that year falls outside the period of limitations, and respondent may not assess additional tax for 1999. It appears that the 6-year period of sec. 6501(e) may not apply to petitioner’s 1999 tax year. See sec. 6501(e)(1)(A)(i). If, pursuant to the parties’ Rule 155 calculations, sec. 6501(e) does not apply to petitioner’s 1999 tax year, respondent may not assess additional taxes for 1999. Sec. 6501(a).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007