Vincent Allen - Page 9

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          include fictitious expenses whether the fraud was committed by              
          the taxpayer or the taxpayer’s preparer.  To find otherwise would           
          allow a taxpayer to receive the benefit of a fraudulent return by           
          hiding behind the preparer.  Taxpayers whose returns are                    
          fraudulent owing to fraud committed by the preparers would escape           
          their tax liability if the Commissioner were unable to identify             
          or investigate the fraud within the normal 3-year period.                   
               We finally note that respondent is seeking to collect only             
          the deficiency in tax from petitioner.  Respondent is not                   
          asserting the fraud penalty against petitioner.  Petitioner is              
          therefore required to pay only the correct amount of tax plus               
          statutory interest and no more.                                             
          Conclusion                                                                  
               We conclude that the limitations period for assessment is              
          extended under section 6501(c)(1) if the return is fraudulent,              
          even though it was the preparer rather than petitioner who had              
          the intent to evade tax.  The plain meaning of the statute                  
          indicates that it is the fraudulent nature of the return that               
          extends the limitations period.  We therefore find that the                 
          limitations period for assessing tax against petitioner is                  
          extended indefinitely.                                                      
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        under Rule 155.                               







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