-21- We conclude that respondent has proven by clear and convincing evidence that Mrs. Paterson fraudulently understated her tax liabilities for the years at issue and Mrs. Paterson has failed to prove that any portion of the underpayments is not due to fraud. We find that the fraud penalty under section 6663 applies to Mrs. Paterson’s underpayments of tax for the years at issue. III. Limitations Period Petitioners argue that the 3-year limitations period under section 6501(a) has expired and that respondent is therefore barred from assessing petitioners’ taxes for the years at issue. Respondent issued deficiency notices to petitioners on April 1, 2004 (with respect to Mrs. Paterson’s liability for both years and Mr. Paterson’s liability for 1997) and November 4, 2004 (with respect to Mr. Paterson’s liability for 1998). The limitations period commences on the date the return is filed. Sec. 6501(a). Returns filed before the due date are deemed filed on the due date.8 Sec. 6501(b). In the case of false and fraudulent returns with the intent to evade tax, the tax may be assessed at any time. Sec. 6501(c)(1). Because we have found that petitioners are each liable for the fraud penalty under section 6663, we hold that the limitations period for assessing petitioners’ taxes is extended 8Although the dates petitioners filed the returns are not evident from the record, the earliest the returns would be treated as filed is Apr. 15, 1998 and 1999, respectively. Sec. 6501(b).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007