Patricia B. Paterson, et al. - Page 21




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               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).                                                                    





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