01/08/2026
An important lesson when hiring a reputable tax preparer with INTEGRITY and who actually follows tax law. Simple reminder -- tax AVOIDANCE is legal; Tax EVASION is ILLEGAL. Any tax preparer willing to do the latter is a red flag. I will never risk my CPA license for anyone.
A recent court decision highlights that the IRS’s unlimited statute of limitations for fraudulent returns can apply even when the taxpayer did not personally intend to evade tax. Under IRC Section 6501(c)(1), the IRS may assess tax at any time if a return is false or fraudulent and involves an intent to evade tax, overriding the normal three-year limit.
In Murrin v. Commissioner, the Third Circuit ruled that the statute does not require the intent to evade tax to belong to the taxpayer. Instead, the limitation period can remain open when a tax return was prepared with fraudulent intent by another party, such as a tax preparer. The court emphasized that the statutory language focuses on the existence of fraudulent intent tied to the return, not on who specifically held that intent.
For tax preparers, the case underscores the long-term consequences of fraudulent return preparation. A preparer’s misconduct can expose clients to IRS assessments decades later, even if the client was unaware of the fraud. The decision reinforces the importance of accurate reporting, proper documentation, and strict adherence to ethical standards to avoid extended IRS exposure for both preparers and taxpayers.
The Third Circuit affirmed the Tax Court’s broad interpretation of “intent” under Sec. 6501(c)(1).