Vincent Allen - Page 6

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          of the return, not to the identity of the perpetrator of the                
          fraud.  Nor do we read the words “of the taxpayer” into the                 
          statute to require the taxpayer to have the intent to evade his             
          or her own tax.4                                                            
               Respondent argues, and we agree, that statutes of                      
          limitations are strictly construed in favor of the Government.              
          Badaracco v. Commissioner, 464 U.S. 386, 391 (1984); Lucia v.               
          United States, 474 F.2d 565, 570 (5th Cir. 1973).  An extended              
          limitations period is warranted in the case of a false or                   
          fraudulent return because of the special disadvantage to the                
          Commissioner in investigating these types of returns.  Badaracco            
          v. Commissioner, supra at 398.  Three years may not be sufficient           
          for the Commissioner to investigate or prove fraudulent intent.             
          Id. at 399.                                                                 
               We agree with respondent that the special disadvantage to              
          the Commissioner in investigating fraudulent returns is present             
          if the income tax return preparer committed the fraud that caused           
          the taxes on the returns to be understated.  Accordingly, taking            
          into account our obligation to construe statutes of limitations             
          strictly in favor of the Government, we conclude that the                   




               4Accountants who prepare fraudulent returns have                       
          occasionally been convicted of tax evasion under sec. 7201 and              
          similar predecessor provisions.  See United States v. Gordon, 242           
          F.2d 122, 125 (3d Cir. 1957) (accountants held liable for tax               
          evasion though tax intended to be evaded was not their own);                
          Tinkoff v. United States, 86 F.2d 868, 875-876 (7th Cir. 1936)              
          (same).                                                                     




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