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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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Last modified: May 25, 2011