Jack Townsend has published an article in his blog Federal Tax Crimes, titled “Ninth Circuit Clarifies Affirmative Act for Evasion of Assessment After Return Filed Can Restart Statute Of Limitations,” which discusses the United States v. Orrock. The article begins as follows:
In United States v. Orrock , ___ F.4th ___, 2022 U.S. App. LEXIS 2373 (9th Cir. 1/26/22), CA9 here, the Court resolved potential confusion in the 9th Circuit as to whether the evasion of assessment statute of limitations runs from (i) the first date that all elements of the crime existed (often in evasion of assessment cases when the taxpayer files the return) or (ii) a later date where the taxpayer committed an affirmative action of evasion (e.g., lie in an audit or, as in Orrock, file some false related return). The Court held that the latter date could, in effect, restart the statute of limitations. In other words, if the taxpayer had done no affirmative act after filing the return, the statute of limitations applies from the date of filing the return. If the taxpayer does an affirmative act after filing the return, the statute of limitations is in effect “refreshed.”
Click here to see the full article: Ninth Circuit Clarifies Affirmative Act for Evasion of Assessment After Return Filed Can Restart Statute Of Limitations
Posted by Isabella King, Associate Editor, Wealth Strategies Journal.