Vincent Allen - Page 5

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          years at issue expired before respondent issued petitioner the              
          deficiency notice.  Respondent argues that the preparer’s                   
          fraudulent intent to evade tax is sufficient to keep the                    
          limitations periods open.  Petitioner counters that only the                
          intent of the taxpayer, not the preparer, is relevant to whether            
          the returns were fraudulent so as to extend the limitations                 
          period.                                                                     
          Plain Meaning Analysis                                                      
               The statute provides that the tax may be assessed at any               
          time “[i]n the case of a false or fraudulent return with the                
          intent to evade tax.”  Sec. 6501(c)(1).  Notably absent from this           
          provision is any express requirement that the fraud be the                  
          taxpayer’s.3                                                                
               Nothing in the plain meaning of the statute suggests the               
          limitations period is extended only in the case of the taxpayer’s           
          fraud.  The statute keys the extension to the fraudulent nature             


               3Rules regarding the limitations period in the case of false           
          and fraudulent returns have been in the Code since the Revenue              
          Act of 1918.  Revenue Act of 1918, ch. 18, sec. 250(d), 40 Stat.            
          1083.  That provision addressed the statute of limitations that             
          applied “in the case of false or fraudulent returns” and did not            
          by its terms require that the fraud be that of the taxpayer.  Id.           
          The version of the Revenue Act of 1934 that passed the House Ways           
          and Means Committee would have amended this section to read:  “If           
          the taxpayer * * * files a false or fraudulent return with intent           
          to evade tax * * * the tax may be assessed * * * at any time.”              
          H.R. 7835, 73d Cong., 2d Sess. sec. 276(a) (1934) (as passed by             
          House, Feb. 21, 1934).  The Senate Committee on Finance discarded           
          this language, however, with no discussion.  The enacted version            
          continued to focus on the return with no express requirement that           
          the fraud be the taxpayer’s and remains the language in sec.                
          6501(c)(1) today.  Revenue Act of 1934, ch. 277, sec. 276(a), 48            
          Stat. 745; S. Rept. 558, 73d Cong., 2d Sess. 43-44 (1934), 1939-1           
          C.B. (Part 2) 586, 619.                                                     




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