Vincent Allen - Page 2

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                                       OPINION                                        

               KROUPA, Judge:  Respondent determined a $4,428 deficiency in           
          petitioner’s Federal income tax for 1999 and a $7,784 deficiency            
          in petitioner’s Federal income tax for 2000.  We are asked to               
          decide for the first time whether the limitations period for                
          assessing income tax under section 6501(c)(1)1 is extended if the           
          tax on a return is understated due to the fraudulent intent of              
          the income tax return preparer.  We conclude that it is.                    
                                     Background                                       
               This case was submitted fully stipulated under Rule 122.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated by this reference.  Petitioner lived in Memphis,               
          Tennessee, at the time he filed the petition.                               
               Petitioner, a truck driver for UPS during 1999 and 2000,               
          timely filed his returns for 1999 and 2000 (the years at issue).            
          Petitioner gave his Form W-2, Wage and Tax Statement, section               
          401(k) statement, mortgage interest statement, and property                 
          statements to Gregory D. Goosby (Mr. Goosby), who prepared                  
          petitioner’s returns for the years at issue and filed them with             
          respondent.                                                                 
               Mr. Goosby prepared petitioner’s returns for the years at              
          issue and claimed false and fraudulent Schedule A, Itemized                 
          Deductions, for both years.  The false deductions included                  

               1All section references are to the Internal Revenue Code in            
          effect for the years at issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  




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