Statute of Limitations for Tax Assessment: Whose Fraud Matters?
September 17, 2025 | New York Law Journal
The Internal Revenue Service generally has three years from the date a tax return is filed to assess taxes. This three-year statute of limitations is subject to exceptions, including one that permits the IRS to assess taxes “at any time” in the case of false or fraudulent returns that were filed with the intent to evade taxes. Last month, the Third Circuit addressed the scope of this exception in Murrin v. Commissioner, concluding that it applies when an accountant acts with the requisite fraudulent intent, even if the taxpayer was unaware of the accountant’s misconduct. In his latest article for the NYLJ, “Statute of Limitations for Tax Assessment: Whose Fraud Matters?” Morvillo Abramowitz Grand Iason & Anello partner Jeremy H. Temkin reviews the Third Circuit’s opinion in Murrin, contrasts it with the Federal Circuit’s contrary approach in BASR Partnership v. United States, and highlights the options available to affected taxpayers pending a possible resolution of the Circuit split by the Supreme Court.
Statute of Limitations for Tax Assessment: Whose Fraud Matters?
