Petition for Writ of Certiorari — Stephanie Murrin, Petitioner v. Commissioner of Internal Revenue

Supreme Court briefFeb 17, 2026

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No. ____

IN THE

Supreme Court of the United States

————

STEPHANIE MURRIN,

Petitioner,

v.

COMMISSIONER OF INTERNAL REVENUE,

Respondents.

————

On Petition for a Writ of Certiorari to the

United States Court of Appeals

for the Third Circuit

————

PETITION FOR A WRIT OF CERTIORARI

————

DANIEL L. GEYSER

HAYNES AND BOONE, LLP

2801 N. Harwood Street,

Ste. 2300

Dallas, TX 75201

ANNE M. VOIGTS

Counsel of Record

PILLSBURY WINTHROP SHAW

PITTMAN LLP

2400 Hanover Street

Palo Alto, CA 94304

LAWRENCE A. SANNICANDRO (650) 233-4075

DARIANNE DE LEON

anne.voigts@pillsburylaw.com

PILLSBURY WINTHROP SHAW

Counsel for Petitioner

PITTMAN LLP

Stephanie Murrin

31 W. 52nd St

New York, NY 10019

February 17, 2026

WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20002

QUESTION PRESENTED

This case presents a direct and acknowledged

conflict over an important question of federal tax law.

Under the Internal Revenue Code (Code), the Internal

Revenue Service (IRS) typically has three years from

the date a tax return is filed to assess tax. 26 U.S.C.

§ 6501(a). But Congress created an exception to that

three-year deadline for “false or fraudulent return[s]

with the intent to evade tax.” 26 U.S.C. § 6501(c)(1).

If that exception applies, the IRS can seek unpaid tax

at any time. In the decision below, the Third Circuit

held that this exception applies broadly—and the

government faces no enforcement deadline at all—if a

third-party tax return preparer (unbeknownst to the

taxpayer herself) intentionally prepared a “false or

fraudulent return with intent to evade tax.” Under

this rule, it makes no difference if a taxpayer is

entirely innocent and has no knowledge about, let

alone any participation in, any wrongdoing. In so

holding, the Third Circuit created a direct split with

the Federal Circuit, which held that § 6501(c)(1)

applies only when the taxpayer herself acted with

“intent to evade tax.” The decision below thus leaves

the meaning of a central limitations period of the Code

dependent on the forum in which a taxpayer litigates.

The question presented is:

Whether, under 26 U.S.C. § 6501(c)(1), the IRS

may assess tax beyond the Code’s three-year

limitations period based solely on the fraudulent

intent of a third-party, even when the taxpayer herself

neither intended to evade tax nor knew of any

wrongdoing.

i

RELATED PROCEEDINGS

United States Tax Court:

Stephanie Murrin v. Commissioner of

Internal Revenue, No. 14614-19 (Feb. 6,

2024)

United States Court of Appeals (3d Cir.):

Stephanie Murrin v. Commissioner of

Internal Revenue, No. 24-2037 (Aug. 18,

2025) (opinion and judgment)

Stephanie Murrin v. Commissioner of

Internal Revenue, No. 24-2037 (Oct. 17,

2025) (amended opinion on panel

rehearing; rehearing en banc denied)

ii

TABLE OF CONTENTS

Page

QUESTION PRESENTED ........................................... i

RELATED PROCEEDINGS ....................................... ii

TABLE OF CONTENTS ............................................ iii

TABLE OF AUTHORITIES ........................................ v

OPINIONS BELOW .................................................... 1

JURISDICTION .......................................................... 2

STATUTORY PROVISIONS INVOLVED .................. 2

INTRODUCTION ........................................................ 3

STATEMENT .............................................................. 5

I.

Legal Background .................................. 5

II.

Factual and Procedural Background..... 8

REASONS FOR GRANTING THE PETITION........ 11

I.

The Decision Below Creates a Direct and

Acknowledged Circuit Split Over the

Scope of 26 U.S.C. § 6501(c)(1). ........... 12

II.

The Question Presented Is Exceptionally

Important. ............................................ 18

III.

This Case Is an Ideal Vehicle for

Resolving the Question Presented. ..... 22

IV.

The Decision Below Converts a Narrow

Fraud Exception into a Regime of

Perpetual

Liability

for

Innocent

Taxpayers ............................................. 23

CONCLUSION .......................................................... 27

iii

APPENDIX A ............................................................ 1a

APPENDIX B .......................................................... 22a

APPENDIX C .......................................................... 42a

APPENDIX D ......................................................... 62a

APPENDIX E .......................................................... 64a

iv

TABLE OF AUTHORITIES

Page

Cases

Allen v. Comm’r,

128 T.C. 37 (2007) .................................................. 7

Badaracco v. Comm’r,

464 U.S. 386 (1984) .............................................. 25

Bartenwerfer v. Buckley,

598 U.S. 69 (2023) .................................... 10, 18, 25

BASR P’ship v. United States,

795 F.3d 1338 (Fed. Cir. 2015) .. 4, 7, 9, 13, 14, 15,

16, 17, 20

Flora v. United States,

362 U.S. 145 (1960) .............................................. 22

Hinck v. United States,

550 U.S. 501 (2007) .............................................. 21

Payne v. Comm’r,

224 F.3d 415 (5th Cir. 2000) .................................. 7

Raley v. Comm’r,

676 F.2d 980 (3d Cir. 1982).................................. 27

Stoltzfus v. United States,

398 F.2d 1002 (3d Cir. 1968)................................ 27

United States v. Updike,

281 U.S. 489 (1930) .............................................. 19

v

Statutes and Codes

United States Code,

Title 26, Section 6161 ........................................... 15

Title 26, Section 6201(a) .................................... 5, 6

Title 26, Section 6213(a) .................................. 8, 21

Title 26, Section 6404(h) ...................................... 21

Title 26, Section 6501 ....... 2, 6, 9, 13, 15, 22, 25, 26

Title 26, Section 6501(a) .............. 3, 6, 9, 13, 24, 25

Title 26, Section 6501(c) ............................. 6, 15, 17

Title 26, Section 6501(c)(1) .. 3, 4, 5, 6, 7, 9, 10, 11,

12, 13, 14, 15, 16, 17, 20, 22, 23, 24, 25, 26

Title 26, Section 6501(e)(1) .................................. 26

Title 26, Section 6663 ........................................... 11

Title 26, Section 6663(a) ...................................... 26

Title 26, Section 7442 ....................................... 8, 21

Title 26, Section 7454(a) ...................................... 27

Title 26, Section 7482(b) ...................................... 22

Title 26, Section 7701(a)(11) .................................. 5

Title 28, Section 1254(1) ........................................ 2

Title 28, Section 1295(a)(3) .................................. 22

Title 28, Section 1346(a)(1) .............................. 4, 22

Title 28, Section 1491(a) ........................................ 4

Internal Revenue Code,

Section 6161(b)(3) ................................................. 15

Revenue Act of 1918, Pub. L. No. 65–254, 40 Stat.

1057,

Section 250 ........................................................... 16

Section 250(b) ................................................... 6, 16

Section 250(d) ....................................... 6, 15, 16, 17

vi

In The Supreme Court of the United

States

_______________

STEPHANIE MURRIN, PETITIONER

v.

COMMISSIONER OF INTERNAL REVENUE

_______________

On Petition for a Writ of Certiorari

to the United States Court of Appeals

for the Third Circuit

_______________

PETITION FOR A WRIT OF CERTIORARI

_______________

Stephanie Murrin respectfully petitions for a

writ of certiorari to review the judgment of the United

States Court of Appeals for the Third Circuit in this

case.

OPINIONS BELOW

The amended opinion of the court of appeals

(App., infra, 1a–21a) is reported at 158 F.4th 527. The

original opinion of the court of appeals (App., infra,

22a–41a) is reported at 152 F.4th 136. The opinion of

the Tax Court (App., infra, 42a–61a) is unreported but

available at 2024 WL 263011.

1

JURISDICTION

The judgment of the court of appeals was

entered on August 18, 2025. A petition for panel

rehearing was granted in part on October 17, 2025,

and a petition for rehearing en banc was denied on the

same date (App., infra, 62a–63a). On January 6, 2026,

Justice Alito extended the time within which to file a

petition for a writ of certiorari until February 17, 2026.

The jurisdiction of this Court is invoked under 28

U.S.C. § 1254(1).

STATUTORY PROVISIONS INVOLVED

26 U.S.C. § 6501 provides in relevant part:

Limitations on assessment and collection

(a)

General rule

Except as otherwise provided in this section, the

amount of any tax imposed by this title shall be

assessed within 3 years after the return was filed

(whether or not such return was filed on or after the

date prescribed) or, if the tax is payable by stamp, at

any time after such tax became due and before the

expiration of 3 years after the date on which any part

of such tax was paid, and no proceeding in court

without assessment for the collection of such tax shall

be begun after the expiration of such period. For

purposes of this chapter, the term “return” means

the return required to be filed by the taxpayer (and

does not include a return of any person from whom the

taxpayer has received an item of income, gain, loss,

deduction, or credit).

2

* * * * *

(c)

Exceptions

(1)

False return

In the case of a false or fraudulent return with

the intent to evade tax, the tax may be assessed, or a

proceeding in court for collection of such tax may be

begun without assessment, at any time.

* * * * *

Additional relevant statutory provisions are

reproduced in the appendix to this petition (App.,

infra, 64a–72a).

INTRODUCTION

This case presents a square and acknowledged

conflict over an important and recurring question of

federal tax law. Under the Code, the IRS typically has

three years from the date a tax return is filed to assess

tax. 26 U.S.C. § 6501(a). But Congress created a

limited exception to the three-year deadline for “false

or fraudulent return[s] with the intent to evade tax.”

26 U.S.C. § 6501(c)(1). In that narrow circumstance,

the IRS’s deadline is set aside entirely, permitting the

IRS to seek unpaid taxes without temporal limit.

App., infra, 4a.

The question presented here is whether the IRS

can assess tax beyond the usual three-year deadline

when the taxpayer’s tax preparer intended to file a

false or fraudulent return, but the taxpayer herself had

no such intent and no knowledge of any wrongdoing.

3

The legal and practical stakes are significant. If read

too broadly, this provision destroys repose for

taxpayers who acted in good faith and complied with

their tax reporting obligations, unexpectedly trapping

innocent parties with sudden (and crushing) debt—all

while excusing government delay.

Yet in the

proceedings below, the Third Circuit adopted the IRS’s

position. In doing so, it exposed Murrin to tax,

penalties, and interest for returns filed over two

decades in the past—without any indication she had

knowledge of any wrongdoing. In reaching that

conclusion, the Third Circuit squarely rejected a

contrary 2-1 decision of the Federal Circuit on the

exact same question. App., infra, 19a (“our holding

today departs from the Federal Circuit[]”); BASR

P’ship v. United States, 795 F.3d 1338 (Fed. Cir. 2015).

That division leaves the meaning of § 6501(c)(1)

dependent on the forum in which a taxpayer litigates

and disrupts the uniform nationwide application of the

federal tax code. Worse yet, high-income taxpayers

can litigate in the U.S. Court of Federal Claims (where

they will win under Federal Circuit authority), while

any litigant stuck in United States Tax Court could

now lose under the Third Circuit’s opposite position.1

That open division is intolerable in a scheme that

demands uniformity.

This question is also one of critical importance.

Expert commentators have flagged the Third Circuit’s

decision as one of the year’s “most significant federal

1

This disparity is a result of the specific rules for filing a

refund claim in the Court of Claims: the taxpayer must first pay

the full disputed tax before filing suit. See 28 U.S.C. § 1346(a)(1);

28 U.S.C. § 1491(a). That option is often not available as a

practical matter to lower-income taxpayers.

4

tax decisions” (A. Farrell, Top Federal Tax Decisions

of

2025,

Law360

(Dec.

23,

2025)

<https://www.law360.com/taxauthority/articles/2421046?>), and major stakeholders

participated as amicus curiae at the circuit level,

reflecting the issue’s importance.

Moreover, this case presents an excellent

vehicle to resolve this issue. The single statutory

question is a pure question of law, was outcomedeterminative below, and arrives here in a clean

vehicle. This case presents the ideal opportunity for

this Court to resolve whether innocent taxpayers can

face IRS demands years (or even many decades) after

the fact—or whether § 6501(c)(1)’s fraud exception

applies only when the taxpayer herself acted with

intent to evade tax.

Because the courts of appeals are divided over

whether § 6501(c)(1)’s unlimited limitations period

applies only when the taxpayer herself acted with

fraudulent intent, or instead whenever a third party

associated with the return acted with such intent, and

because this case presents an ideal vehicle for

resolving that important and dispositive question of

federal law, this Court’s review is warranted.

STATEMENT

I.

Legal Background

The Code authorizes the Secretary of the

Treasury, or his delegate, the Commissioner of

Internal Revenue, to examine any tax return filed by

a taxpayer. 26 U.S.C. § 6201(a); see also 26 U.S.C. §

7701(a)(11).

If, during that examination, the

5

Commissioner determines that additional tax may be

due, the Commissioner is authorized to “assess” tax,

interest, and certain penalties—an administrative act

that formally records the taxpayer’s liability and

permits the government to pursue enforced collection

through the statutory collection procedures provided

by the Code. See 26 U.S.C. § 6201(a). Congress

limited that assessment authority by establishing

periods of limitation on assessment as set forth in §

6501.

Section 6501(a) provides the general rule that

the Commissioner must assess tax within three years

after a taxpayer files a return. 26 U.S.C. § 6501(a).

Section 6501(c) sets forth various exceptions to this

general rule. As relevant here, § 6501(c)(1) establishes

one such exception, providing: “[i]n the case of a false

or fraudulent return with the intent to evade tax, the

tax may be assessed, or a proceeding in court for

collection of such tax may be begun without

assessment, at any time.”2

While the statute does not expressly state

whose intent is required to suspend the three-year

limitations period, for nearly a century, the answer

was clear: only the taxpayer’s fraudulent intent.

Accordingly, courts historically interpreted the

This fraud-based exception is not new to the Code.

Congress first enacted the same limitations-period exception in

the Revenue Act of 1918, and it did so alongside the Act’s fraudbased penalty provision. See Revenue Act of 1918, Pub. L. No.

65-254, § 250(b), (d), 40 Stat. 1057, 1083. As discussed below,

both fraud-based provisions were limited to the taxpayer’s own

conduct. Congress has since restructured the Act, but there is no

indication that it departed from the Act’s original meaning.

2

6

provision to require fraudulent intent by the taxpayer

whose liability is at issue. See, e.g., Payne v. Comm’r,

224 F.3d 415, 421 (5th Cir. 2000) (requiring proof of

“fraudulent intent on the part of the taxpayer”). Even

the IRS adopted that position for decades, reflecting

the uniform understanding of parallel language in

corresponding provisions of the Code. IRS Field

Service Advice 200104006, 2001 WL 632261 (Sept. 15,

2000). That settled construction began to change in

2001. In IRS Field Service Advice 200126019, 2001

WL 729653 (June 29, 2001), the IRS reversed course

and concluded for the first time that § 6501(c)(1)

applies based on a return preparer’s fraudulent intent

even absent fraud by the taxpayer. Although the

statutory text had not changed, just the government’s

take on it, the Tax Court subsequently adopted that

position in Allen v. Comm’r, 128 T.C. 37, 42 (2007),

holding that the limitations period is set aside

whenever a return is fraudulent, regardless of who

committed the fraud (and even if the taxpayer is

innocent).

In 2015, the Federal Circuit rejected the Tax

Court’s contrary interpretation view and reaffirmed

that § 6501(c)(1) applies only when “the taxpayer—

and not a third party—acts with the requisite intent

to evade tax.” BASR P’ship v. United States, 795 F.3d

1338, 1339 (Fed. Cir. 2015). The government has

continued to press the broader interpretation adopted

in Allen in Tax Court proceedings nationwide,

7

ensuring that the split has concrete and recurring

consequences.3

II.

Factual and Procedural Background

A. This case arose from the government’s

attempt to assess additional taxes and penalties on a

series of Murrin’s returns filed over two decades ago

(1993-1999). App., infra, 3a.

On the key stipulated facts, Murrin’s tax

preparer “placed false or fraudulent entries on

Murrin’s tax returns with an intent to evade tax”

(App., infra, 2a–3a), but Murrin herself neither knew

of the fraud nor intended to evade tax (id).4 To the

contrary, Murrin acted in good faith and did not know

about, let alone cause any false entries on any of the

returns. Id. About purported underpayments on

those stale returns. I

Murrin contested the IRS’s

3 The Tax Court is a court of nationwide jurisdiction that hears

deficiency cases from taxpayers across all circuits. See 26 U.S.C.

§§ 6213(a), 7442.

4 App., infra, 2a, 43a. Howell had previously been criminally

prosecuted and convicted in 1986 for preparing fraudulent tax

returns for other taxpayers, and his certified public accountant

license was suspended during the period in which he prepared

the Murrins’ returns for 1993 through 1999. App., infra, 39a.

The Murrins were unaware of Howell’s past misconduct. In 2007,

Howell’s fraudulent conduct only became known when he pleaded

guilty to federal charges of conspiring to defraud the United

States, aiding and assisting in the preparation of false tax

returns, and corruptly endeavoring to obstruct the

administration of the internal revenue laws. App., infra, 39a

(citing Finnegan v. Comm’r, T.C. Memo. 2016-118, at *5–10

(explaining Howell’s criminal indictment and conviction for a

scheme to defraud the United States through the preparation of

false and fraudulent tax returns)).

8

action in Tax Court, conceding the unpaid taxes but

contesting the timeliness of the IRS’s action. Is/

(invoking § 6501(a)’s three-year limitations period).

Despite all sides agreeing that Murrin herself did

nothing wrong, the Tax Court held that § 6501(c)(1)

excused the IRS’s delay because Murrin’s tax preparer

(unbeknownst to her) intentionally “prepared

* * * false or fraudulent tax returns with an intent to

evade tax.” Id.; see also id. at 3a, 61a.

The

notice

of

deficiency

determined

approximately $65,318 in additional tax and

approximately $13,064 in accuracy-related penalties.

App., infra, 3a, 20a. By the time the notice was issued,

accrued interest alone exceeded $250,000. App., infra,

20a. In total, Murrin now faces more than $328,000 in

tax, penalties, and interest arising from returns filed

between 1993 and 1999.

B. 1. The Third Circuit affirmed. App., infra,

1a–21a. The court initially confirmed the appeal

“turns on” a single legal question: “our interpretation

of § 6501.” Id. at 3a. Critically, in resolving that

question, the Third Circuit “respectfully part[ed]

ways” with the Federal Circuit’s competing decision in

BASR P’ship v. United States, 795 F.3d 1338 (Fed. Cir.

2015). App., infra, 19a–20a; see also BASR, 795 F.3d

at 1350 (holding the IRS is bound by “the three-year

limitations period unless the taxpayer possessed the

intent to evade tax”) (emphasis added). The Third

Circuit explicitly rejected the Federal Circuit

majority’s rationale, “depart[ed]” from its holding, and

sided instead with BASR’s dissent. App., infra, 19a–

20a (endorsing Chief Judge Prost’s minority position).

9

The panel further explained that, although it

recognized Murrin’s reading of the statute “is a fair

one,” and although it “underst[oo]d” her “frustration

with the IRS’s decision to assess tax beyond the

statute of limitations due to the wrongdoing of

someone other than her,” it nevertheless considered

itself “bound” by its reading of § 6501(c)(1), which it

viewed as “agnostic about who must intend to evade

tax.” App., infra, 2a, 21a. It therefore held that §

6501(c)(1) does not require taxpayer intent to

eliminate the three-year statute of limitations, and

that the Code’s “indefinite limitations period” can be

triggered by a third party’s misconduct alone. Id. at

4a.

The panel reached that conclusion through a

three-step analysis of the statutory text and context.

First, it held that nothing about “false or fraudulent

return” or “intent to evade tax” “facially includes any

indication that the taxpayer must be the actor who

intends to evade tax.” App., infra, 6a. Although it

conceded that the term “tax” “does bear a connection

to taxpayers,” the court then contended that nothing

about the terms “intent” or “to evade” were “restricted

to certain individuals.” Id. Second, it concluded that

what it termed Congress’s use of the passive voice

indicated that Congress did not care who had the

requisite intent, so long as someone did. Id. at 7a

(citing Bartenwerfer v. Buckley, 598 U.S. 69 (2023)).

Third, although it recognized that Murrin’s reading

was a fair one, it reasoned that Congress knew how to

limit provisions to taxpayers but had not done so here.

Id. at 8a, 10a-12a.

10

In so doing, it dismissed the argument that its

reading focused only on the “false or fraudulent

return” and thus rendered “intent to evade tax”

superfluous. App., infra, 9a. And in concluding that

the statutory context supported its reading, it also

dismissed the fact that Congress paired the fraud

penalty (now § 6663) and the unlimited assessment

provision (now § 6501(c)(1)) in the Revenue Act of

1918, using the same “intent to evade tax” language in

both—thus confirming that the taxpayer’s intent was

the touchstone. Id. at 12a. The panel’s decision

untethered § 6501(c)(1) from that statutory design and

concluded that the “‘intent to evade tax’ must attach

to the ‘false or fraudulent return.’” Accordingly, the

court held that § 6501(c)(1) does not require taxpayer

intent and permits assessment beyond the three-year

limitations period based solely on a third party’s

misconduct. Id. at 4a.

2. The Third Circuit subsequently denied a

petition for rehearing en banc but granted a petition

for panel rehearing. App., infra, 62a–63a. In an

amended opinion, the Third Circuit confirmed that its

decision did not preclude Murrin from challenging

penalties or interest “in a future proceeding.” Id. at

20a n.13. It otherwise left its holding unchanged.

REASONS FOR GRANTING THE PETITION

This case presents a direct, acknowledged

conflict over the scope of an essential provision of the

Code. The answer has broad consequences for the

nation’s tax laws and for the fair and efficient

administration of Congress’s tax scheme.

It

ultimately dictates whether finality and repose exist

11

for innocent taxpayers—or whether the government

can pursue innocent parties “indefinitely” for a third

party’s unilateral fraud. The Third Circuit below

created a square split with the Federal Circuit. While

it acknowledged that split, it overlooked its

consequences: under the decision below, taxpayers

who can afford to prepay alleged deficiencies can

automatically usher disputes to the court of claims—

where the Federal Circuit’s contrary rule controls—

while all other taxpayers remain subject to the

government’s (tardy) enforcement whims. The IRS

should not be subject to a three-year limitations period

(or no deadline at all) based entirely on the location of

a taxpayer’s challenge. That profound arbitrariness is

intolerable in a system that demands uniformity.

This Court’s intervention is warranted to

resolve the acknowledged circuit split and restore a

uniform interpretation of 26 U.S.C. § 6501(c)(1).

I.

The Decision Below Creates a Direct and

Acknowledged Circuit Split Over the

Scope of 26 U.S.C. § 6501(c)(1).

The Third Circuit held that 26 U.S.C. §

6501(c)(1) permits the IRS to assess tax “at any time”

whenever a tax return is false or fraudulent and

someone acted with intent to evade tax—even if the

taxpayer herself is entirely blameless, had no clue

about the misconduct, and never intended to underpay

her tax. App., infra, 2a–3a, 23a–24a. In so holding,

the Third Circuit expressly rejected the 2-1 Federal

Circuit’s contrary interpretation of the same statutory

text on indistinguishable facts. App., infra,46a–47a

(rejecting the holding in BASR P’ship v. United States,

12

795 F.3d 1338 (Fed. Cir. 2015); adopting instead thenChief Judge Prost’s “dissent[]”).

Each court

exhaustively analyzed § 6501’s text, structure, history,

context, and purpose. Each considered the competing

policy implications of permitting the government to

saddle taxpayers with crushing tax liability decades

after the fact—with zero warning to innocent citizens

and families.

Yet the Third Circuit held the

government got the benefit of an “indefinite”

limitations period, while the Federal Circuit, viewing

the provision’s language together with the identical

construction assigned parallel provisions across the

Code, held the government to § 6501(a)’s three-year

deadline.

The stark division on an issue of national

importance is untenable; the Code should not impose

different deadlines and protections for identically

situated taxpayers.

The conflict is clear and

undeniable, and it should be resolved by this Court.

A. As the Third Circuit candidly acknowledged,

the decision below directly contravenes settled law in

the Federal Circuit. Like the Third Circuit, the

Federal Circuit considered the statutory language, the

structure, and scheme in considerable detail—but the

majority arrived at precisely the opposite conclusion.

First, the Federal Circuit looked to the

statutory language. In so doing, it “recognize[d] that

Section 6501(c)(1) is silent as to which party or parties

must have the requisite fraudulent intent to suspend

the three-year statute of limitations for pursuing a

past underpayment,” but held that “silence alone does

not automatically compel the conclusion that Congress

13

intended that actions by parties other than the

taxpayer could suspend the three year statute of

limitations. BASR P’ship, 795 F.3d at 1343. To the

contrary, it concluded, the reference to a return had to

be understood in context. Id. Moreover, it held that

courts cannot determine the meaning of the statutory

language without examining that language in light of

its place in the statutory scheme. BASR P’ship, 795

F.3d at 1343. And, as relevant to this question, it

noted, other provisions in the Code relating to

fraudulent conduct strongly suggest that the Code

confines the “intent to evade tax” inquiry to the

taxpayer’s intent. Specifically, it noted that “the

precursor statute to § 6501(c)(1), in particular,

confirms this understanding,” and that “[t]hese

sources lead us to conclude that the reading of §

6501(c)(1) most ‘coherent and consistent’ with the

statutory scheme is one that limits the application of

this provision to cases involving a false or fraudulent

return where the taxpayer acted with the intent to

evade tax.” Id.

Second, the Federal Circuit engaged in a

painstaking survey of other fraud-related provisions of

the Code, concluding “that they contemplate fraud by

the taxpayer, as opposed to by a person who merely

contributed, albeit in a fraudulent way, to the filing of

an inaccurate tax return.” BASR P’ship, 795 F.3d at

1344.

And the Federal Circuit noted that the

Government’s broad interpretation of § 6501(c)(1), if

applied to other code provisions, could have

unintended and unfortunate consequences. Id, at

1346. For example, the court noted, it could prevent

taxpayers from receiving an extension for payment of

a tax deficiency under I.R.C. § 6161(b)(3), which

14

prohibits the IRS from granting an extension when the

tax deficiency in question is “due to negligence, to

intentional disregard of rules and regulations, or to

fraud with intent to evade tax.” Id. Like the other

statutory provisions discussed above, § 6161 does not

expressly specify whether a third-party’s negligent or

fraudulent conduct would prevent the taxpayer from

receiving an extension. Id. Accordingly, the court

noted, if the government prevailed in its view that §

6501(c)(1) permits the IRS to look beyond the taxpayer

for the requisite intent, the same would surely apply

under § 6161. Id.

Third, the court noted that the IRS had

obviously changed its position on the interpretation of

§ 6501(c)(1),” but that it was “unclear what prompted

this change in the IRS’s position, given that Congress

had not altered the text of § 6501(c)(1) in any

meaningful way over the past century” and that the

statutory history did not support the IRS’s position.

Id. at 1348. The panel then addressed § 6501(c)’s

origins, explaining that the concept of limiting the

time period during which the IRS could assess tax

originated almost 100 years ago in the same statutory

provision that authorized the IRS to impose penalties

for underpayment. BASR P’ship, 795 F.3d at 1339

(citing Revenue Act of 1918, Pub. L. No. 65–254, 40

Stat. 1057). “[R]eviewing the evolution of § 6501 from

its origin as § 250(d) of the Revenue Act of 1918 is

instructive

on

understanding

the

proper

interpretation.

The context provided by this

predecessor statute confirms that Congress intended

that only the taxpayer’s intent to evade tax could

trigger the unlimited limitations period that now

appears in § 6501(c)(1).” Id.

15

Specifically, as it explained, the fraud penalty

and the fraud suspension of the statute of limitations

appeared together in § 250 of the Revenue Act of 1918.

Id. Section 250(b) imposed certain penalties for

underpayment when the underpayment resulted from

the taxpayer’s negligence or intent to evade tax: as it

provided, “if the return is made in good faith and the

understatement of the amount in the return is not due

to any fault of the taxpayer, there shall be no penalty

because of such understatement.

If the

understatement is due to negligence on the part of the

taxpayer, but without intent to defraud, there shall be

added as part of the tax 5 per centum of the total

amount of the deficiency.... If the understatement is

false or fraudulent with intent to evade the tax, then ...

there shall be added as part of the tax 50 per centum

of the amount of the deficiency.”

Id. As the

government agreed in BASR, the fraud penalty

provision in § 250(b) “focuses solely on the taxpayer’s

own intent.” Id.

That fact, the majority concluded, necessarily

informs the reading of § 250(d), which appears two

subsections later, borrows the “false or fraudulent

with intent to evade tax” language from § 250(b), and

uses it to describe situations when the normal period

for assessing tax may be extended indefinitely.

Although “Section 250(d) does not expressly identify

whose ‘intent to evade the tax’ could be used to extend

the limitations period, the mirroring language in §

250(b), which is directed to the taxpayer’s intent,

informs the interpretation of § 250(d).” With this in

mind, the court held, “it becomes abundantly clear

that the focal point of § 250 is the intent of the

taxpayer.

The taxpayer’s intent is central to

16

determining whether to impose a penalty and whether

the IRS may avail itself of an unlimited period to

assess tax.” Id. at 1349. And while those sections had

subsequently been recodified and reorganized,

“nothing in the recodification and reorganization

process altered the meaning of the terms ‘intent’ and

‘fraudulent’ as used in this predecessor statute.” Id.

Accordingly, it concluded, “[t]he language, structure,

and history of the Code leads … to the conclusion that

the Claims Court properly interpreted § 6501(c)(1) as

limiting the IRS to the three-year limitations period

unless the taxpayer possessed the intent to evade tax.”

Id. at 1350; but see 795 F.3d at 1357-1361 (Prost, C.J.,

dissenting).

B. In sum: In BASR, the Federal Circuit rejected

the government’s contention that § 6501(c)(1) turns

solely on the existence of a “fraudulent return,”

regardless of who committed the fraud. 795 F.3d at

1339–46. Instead, the Federal Circuit held “§ 6501(c)’s

suspension of the three-year limitation applies only

when the taxpayer—and not a third party—acts with

the requisite ‘intent to evade tax.’” 795 F.3d at 1339.

The Third Circuit reached the opposite conclusion:

“the ‘intent to evade tax’ exception in § 6501(c)(1)” does

not require “the taxpayer” to “be the actor who intends

to evade tax.” App., infra, 5a–6a. Each court

examined the same arguments and the same universe

of material, canvassing the same text, context,

structure, history, agency guidance, policy, and

purpose. And yet each adopted opposite conclusions.

The debate has been fully exhausted, and there is no

reasonable prospect that the conflict will resolve itself

17

without this Court’s

warranted now.

II.

intervention.

Review

is

The Question Presented Is Exceptionally

Important.

A. The question presented is exceptionally

important. This issue determines whether the statute

of limitations affords taxpayers any meaningful repose

from stale and substantial tax liabilities based on

another person’s misconduct—even when that

misconduct took place decades earlier and the

taxpayer was entirely unaware of it.

When

assessment is permitted without any temporal limit,

the result is devastating for taxpayers who, due to the

passage of time, not any fault of their own, cannot

prove the accuracy of their tax returns or the fraud (or

lack thereof) by their return preparer.

Those

taxpayers are left to defend their tax returns when the

government suddenly appears unannounced, out of

nowhere, asserting massive tax liabilities from

decades earlier. And the insult added to that injury is

an innocent party’s financial life can be turned upsidedown based on someone else’s fraud—conducted in the

far-off past and entirely unbeknownst to the lawabiding party.5

The Third Circuit suggested its rationale was supported by

Bartenwerfer, and it noted in passing that Bartenwerfer pre-dated

the Federal Circuit’s competing decision. Yet Bartenwerfer

cannot save the obvious circuit conflict. That case arose in a

different context (a dischargeability question under the

Bankruptcy Code); the “passive-voice” concept arose long before

Bartenwerfer (which is why that decision itself -- in the very

passages the Third Circuit cites -- invoke pre-Federal Circuit

decisions); and Bartenwerfer itself emphasized that “‘context’”

5

18

It is well established that Congress created a

fraud exception because fraudulent conduct may be

more difficult to detect within the general three-year

statute of limitations on tax assessments. Courts have

long recognized that principle. But Congress did not

adopt an unlimited fraud-based regime untethered

from taxpayer conduct. It conditioned the elimination

of repose on the presence of “intent to evade tax.” The

question here is not whether fraud warrants

additional time; it is whether Congress authorized

eliminating the limitations period when the taxpayer

herself committed no fraud at all. The disparity is

stark: the statute may reasonably allow additional

time to pursue a taxpayer who engaged in fraud, but

it cannot fairly be read to eliminate all temporal limits

on assessment against a taxpayer who did not. See,

e.g., United States v. Updike, 281 U.S. 489, 495 (1930)

(open-ended enforcement periods “out of harmony

with the obvious policy of the act to promote repose by

fixing a definite period after assessment within which

suits and proceedings for the collection of taxes must

be brought”).

The Third Circuit’s and the government’s

interpretation undermines the central function of a

limitations period: at some point, parties are entitled

to repose to structure their finances and affairs, and

ensure their futures are not subject to indefinite

assessment. As noted above, with the passage of

decades, evidentiary burdens increase, records are

lost, and memories fade, particularly where the

dictates the result (App., infra, 7a n.6) -- the Court did not

announce a new rule, let alone a global rule that somehow

overrides the Federal Circuit’s careful examination of a

fundamental question of federal tax law.

19

taxpayer is not defending her own conduct but

attempting to disprove a third party’s conduct—and

harder yet, intent.

There is a reason that Congress limited every

other associated Code provision involving fraud to

misconduct committed by the taxpayers themselves.

BASR P’ship, 795 F.3d at 1344. There is likewise a

reason that Congress embraced this rule (with these

important limitations) when it restructured the

Code—borrowing the settled understanding from the

1918 Act. And there is a reason that the IRS itself

adhered to this commonsense construction for nearly

a century—before changing its interpretation without

any relevant change in the statutory text. The result

is a direct and acknowledged conflict over the meaning

of a core limitations provision.

This issue is highly significant for innocent

taxpayers caught up in a third party’s fraud. No one

suggests taxpayers who submit a false or

fraudulent return with the intent to evade tax should

avoid consequences—and those taxpayers at least are

on notice of the possibility that the government may

seek to collect unpaid taxes. But an innocent taxpayer

has no notice of concealed misconduct. Whether

Congress intended § 6501(c)(1) to eliminate repose in

such circumstances is a question of substantial and

recurring importance warranting this Court’s review.

B. Review is also essential in light of the

overriding importance of uniformity in the nation’s tax

laws. See, e.g., Hinck v. United States, 550 U.S. 501,

506–08 (2007) (resolving a conflict between the

Federal Circuit and a regional circuit concerning the

20

proper forum for review under 26 U.S.C. § 6404(h)). It

makes little sense to say taxpayers in different regions

should face different limitations rules based on

geography alone. Yet as it now stands, taxpayers in

the Third Circuit can face assessment without

temporal limitation, while taxpayers in the Federal

Circuit have a complete defense to stale IRS efforts—

cabined at three years. This issue sharply split a panel

of the Federal Circuit, and it has now squarely divided

the courts of appeals—with the Third Circuit openly

“departing” from the Federal Circuit’s position. App.,

infra, 19a. Absent review, the conflict will persist as

additional courts confront the same question. The

issue has been fully ventilated by two courts of appeals

that examined the same statutory text, structure, and

history yet reached opposite conclusions. Further

percolation is unlikely to eliminate the division or add

meaningfully to the debate, given the detailed

analyses of both appellate courts.

This conflict is particularly pernicious in this

setting. Given the way taxpayers can challenge IRS

assessments, parties now have the option of litigating

in the Federal Circuit or elsewhere—so long as they

can afford to prepay any alleged tax deficiency in

advance.6 As a practical matter, taxpayers with

6

In a nutshell: Taxpayers who wish to challenge a

deficiency without prepaying the asserted tax must proceed in the

Tax Court. See 26 U.S.C. §§ 6213(a), 7442. Taxpayers who

prepay the asserted liability may bring a refund suit in the Court

of Federal Claims or the appropriate U.S. district court. See 28

U.S.C. § 1346(a)(1); Flora v. United States, 362 U.S. 145, 156

(1960). Appeals from the Court of Federal Claims lie exclusively

in the Federal Circuit. See 28 U.S.C. § 1295(a)(3). Appeals from

the Tax Court in deficiency proceedings generally lie in the court

21

sufficient means can defeat stale IRS enforcement

efforts (since the Federal Circuit’s precedent will

control); taxpayers who lack sufficient means will be

stuck litigating in regional circuits—where the IRS’s

staggering interpretation may prevail.

No one benefits from a tax system that produces

opposite outcomes based on the forum in which a case

is litigated. The Code should not turn on geography

alone, and it should not depend on a taxpayer’s ability

to prepay an assessment. Review is essential to

ensure the fair and uniform administration of the

nation’s tax laws.

III.

This Case Is an Ideal Vehicle for

Resolving the Question Presented.

This case is the ideal vehicle for deciding this

important question. The dispute turns on a pure

question of law: namely, the proper scope of 26 U.S.C.

§ 6501(c)(1). App., infra, 3a (the appeal “turns on” a

single legal question—“our interpretation of § 6501”).

That question was squarely raised and resolved at

each stage below. There are no factual or procedural

impediments, and the “material facts” are

“undisputed.” Id. at 2a. The court below exhaustively

examined the issue and rejected a 2-1 decision of the

Federal Circuit—expressly repudiating the Federal

Circuit’s majority and siding instead with the dissent.

Id. at 9a, 19a-20a (“we respectfully part ways”). The

of appeals for the circuit in which the taxpayer resides or has its

principal place of business. See 26 U.S.C. § 7482(b). The end

result: anyone with the means to prepay the asserted liability can

purchase a three-year limitations period; anyone who lacks those

funds is stuck at the mercy of a regional circuit court.

22

sole statutory question is binary: if a third party’s

fraud is sufficient, the government wins; if the

taxpayer’s fraud is required, the government loses.

The ability of the government to target innocent

taxpayers decades after someone else’s wrongdoing

(with an “indefinite limitations period”) hangs in the

balance. Id. at 4a.

The question, in short, is cleanly presented, and

there are no obstacles to resolving it here. In the

meantime, a fundamental component of the nation’s

tax laws will turn entirely on geography—or the fiscal

ability of a taxpayer to litigate in a particular forum.

That division warrants this Court’s review.

IV.

The Decision Below Converts a Narrow

Fraud Exception into a Regime of

Perpetual Liability for Innocent

Taxpayers.

The Third Circuit’s interpretation of 26 U.S.C.

§ 6501(c)(1) is also wrong. It fundamentally alters the

balance Congress struck between repose and

enforcement in the federal tax system. By holding

that the statute permits assessment “at any time”

based solely on the undisclosed fraudulent intent of a

third party involved in preparing or filing a return, the

decision below transforms a narrow fraud exception

into a mechanism for effectively indefinite liability

against taxpayers who acted in good faith, complied

with their reporting obligations, and neither intended

nor knew of any wrongdoing.

That transformation is not compelled by the

statutory text, structure, or history. The decision

below severs the intent requirement from the

23

taxpayer’s own conduct, thereby expanding the fraud

exception beyond its textual and historical bounds.

1. As a general rule, “the amount of any tax

imposed by this title shall be assessed within 3 years

after the return was filed.” 26 U.S.C. § 6501(a).

Congress departed from that baseline only in carefully

delineated circumstances.

Put differently, the

statutory text links the forfeiture of the three-year

limitations period to the presence of “intent to evade

tax.” That phrase is not surplusage. It is the statutory

condition that distinguishes ordinary errors or

misstatements from conduct that justifies withdrawal

of repose. If Congress had intended § 6501(c)(1) to

apply whenever a return is false or fraudulent,

without regard to whose intent was involved, it could

have said so by authorizing assessment “in the case of

a false or fraudulent return.” It did not. Congress

instead required fraud “with the intent to evade tax,”

making intent a necessary element of the exception

rather than a descriptive aside.

Moreover, the grammatical structure of §

6501(c)(1) reinforces the conclusion that the statute

withdraws repose only when the taxpayer herself

acted with intent to evade tax. The provision uses the

transitive verb “evade” with “tax” as its object,

repeatedly referring to “the tax” and “such tax.” 26

U.S.C. § 6501(c)(1). Those terms most naturally refer

to the taxpayer’s own tax liability—the only tax that

may be assessed under § 6501. Nothing in the

statutory text suggests that Congress conditioned the

forfeiture of the taxpayer’s statutory repose on the

intent of a third party to evade a tax that the third

party does not owe and that he or she is not legally

24

obligated to report or pay. Indeed, it would be

anomalous to condition the withdrawal of the

taxpayer’s statutory repose on a third party’s intent to

evade a tax that only the taxpayer owes and that only

the taxpayer is legally obligated to report and pay.

That linkage is confirmed by § 6501(a), which

defines the relevant “return” for limitations purposes

as “the return required to be filed by the taxpayer.” 26

U.S.C. § 6501(a). This Court has instructed that

statutory terms carry consistent meaning throughout

§ 6501. Badaracco v. Comm’r, 464 U.S. 386, 397

(1984). Read together, §§ 6501(a) and 6501(c)(1)

establish that the fraud exception concerns a return

required to be filed by the taxpayer and withdraws

repose only when that return is false or fraudulent

with intent to evade tax—i.e., when the taxpayer acted

with such intent.

The court of appeals reached its contrary

interpretation by focusing on § 6501(c)(1)’s

grammatical structure rather than on the relationship

between intent and liability embedded in the

limitations framework as a whole, notwithstanding

this Court’s instruction that “context counts” and that

passive-voice formulations do not, standing alone,

answer questions about whose conduct triggers legal

consequences. Bartenwerfer v. Buckley, 598 U.S. 69,

78 (2023).

2. The structure of the statutory scheme

provides the necessary context. Section 6501(c)(1)

does not operate in isolation. It is part of a carefully

calibrated statutory scheme in which Congress

differentiated among multiple limitations rules

25

depending on the nature of the taxpayer’s conduct.

Congress demonstrated within § 6501 itself that it

knows how to extend the assessment period without

regard to intent when it wishes to do so. Most notably,

§ 6501(e)(1) extends the limitations period from three

years to six years when a taxpayer omits more than 25

percent of gross income from a return—without any

requirement of fraudulent intent.

26 U.S.C. §

6501(e)(1).

That provision reflects Congress’s

judgment that certain objectively measurable

reporting failures justify additional time for

assessment even absent culpability.

By contrast, § 6501(c)(1) does not turn on the

magnitude of an omission or the complexity of

detection. It requires, and indeed turns on, intent.

Congress retained that intent requirement even as it

authorized intent-neutral extensions elsewhere in the

same statutory section. That choice would have no

apparent justification in the statute’s text or structure

if § 6501(c)(1) already applied whenever a return is

fraudulent due to anyone’s intent, including third

parties beyond the taxpayer’s knowledge or control.

The court of appeals’ reading also creates an

asymmetry between § 6501(c)(1) and other fraudrelated provisions of the Code. For example, the civil

fraud penalty in § 6663(a) applies only when an

underpayment is “due to fraud,” a phrase courts have

uniformly interpreted to require fraud by the

taxpayer. See Stoltzfus v. United States, 398 F.2d

1002, 1004 (3d Cir. 1968); see also Raley v. Comm’r,

676 F.2d 980, 983 (3d Cir. 1982). Likewise, § 7454(a)

places the burden of proof on the Commissioner “[i]n

any proceeding involving the issue whether the

26

petitioner has been guilty of fraud with intent to evade

tax,” again focusing on taxpayer conduct. This Court’s

review is warranted to address that asymmetry.

CONCLUSION

The petition for a writ of certiorari should be

granted.

Respectfully submitted.

Daniel L. Geyser

HAYNES AND BOONE, LLP

2801 N. Harwood Street,

Ste. 2300

Dallas, TX 75201

/s/ Anne M. Voigts

Anne M. Voigts

Counsel of Record

PILLSBURY WINTHROP SHAW PITTMAN

LLP

2400 Hanover Street

Palo Alto, CA 94304

(650) 233-4075

anne.voigts@pillsburylaw.com

Lawrence A. Sannicandro

Darianne De Leon

PILLSBURY WINTHROP SHAW PITTMAN

LLP

31 W. 52nd St

New York, NY 10019

Counsel for Petitioner Stephanie

Murrin

FEBRUARY 2026

27

APPENDIX

APPENDIX TABLE OF CONTENTS

Page

APPENDIX A: OPINION, U.S. Court of

Appeals for the Third Circuit (October 17,

2025) .................................................................

1a

APPENDIX B: OPINION, U.S. District Court

for the Third Circuit (August 18, 2025) ..........

22a

APPENDIX C: MEMORANDUM OPINION,

U.S. Tax Court (January 21, 2024) .................

42a

APPENDIX D: GRANTING OF REHEARING /

DENIAL OF REHEARING EN BANC, U.S.

Court of Appeals for the Third Circuit

(October 17, 2025) ............................................

62a

APPENDIX E: STATUTORY PROVISIONS.....

64a

1a

Appendix

A

APPENDIX A — OPINION

OF THE

UNITED STATES

COURT OF APPEALS FOR THE THIRD CIRCUIT,

FILED OCTOBER 17, 2025

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 24-2037

STEPHANIE MURRIN,

Appellant,

v.

COMMISSIONER OF INTERNAL REVENUE

On Appeal from the United States Tax Court

U.S. Tax Court No. 19-14614

Tax Court Judge: Patrick J. Urda

Argued April 30, 2025

Before: KRAUSE, BIBAS, and

MONTGOMERY-REEVES,

Circuit Judges.

(Filed October 17, 2025)

OPINION OF THE COURT

MONTGOMERY-REEVES, Circuit Judge.

Typically, the Internal Revenue Service (“IRS”) must

assess tax within three years from the date an individual

2a

Appendix A

taxpayer files her return. I.R.C. § 6501(a).1 An exception

to this statute of limitations exists, however. When there

is “a false or fraudulent return with the intent to evade

tax,” the IRS can assess tax “at any time.” Id. § 6501(c)(1).

But whose “intent” is required for this exception to the

statute of limitations to apply? That is the subject of this

appeal. Appellant Stephanie Murrin argues that only the

taxpayer’s intent matters. That is, the exception applies

only if the taxpayer herself intends to evade tax. And

because Murrin’s tax preparer prepared her taxes with

an intent to evade tax while she did not, the exception to

the statute of limitations does not apply. We understand

Murrin’s frustration with the IRS’s decision to assess tax

beyond the statute of limitations due to the wrongdoing of

someone other than her. But we are bound by the statute.

And because the statute is agnostic about who must intend

to evade tax, we hold that taxpayer intent is not required.

Thus, we will affirm the judgment of the Tax Court.

I.

BACKGROUND

The material facts in this appeal are undisputed.

Murrin underpaid her taxes from 1993 to 1999 because

her tax preparer, Duane Howell, placed false or fraudulent

entries on Murrin’s tax returns with an intent to evade tax.

But Murrin did not cause the false or fraudulent entries,

and she did not intend to evade tax.

Over 20 years later, in 2019, the IRS issued a notice

of deficiency to Murrin regarding underpayments on her

1. The “Code” refers to the Internal Revenue Code. See 26

U.S.C. § 1 et seq.

3a

Appendix A

tax returns between 1993 and 1999. Id. § 6212(a). Murrin

filed a petition in the Tax Court for a redetermination

of the deficiency. Id. § 6213(a). Murrin agreed with the

IRS that she underpaid $65,318 in tax, and she did not

dispute the application of an accuracy-related penalty of

$13,064 for the underpayment. Instead, Murrin argued

that the IRS did not act within the three-year statute of

limitations. The Tax Court held that § 6501(c)(1) applies

because Howell prepared Murrin’s false or fraudulent tax

returns with an intent to evade tax, and thus the statute

of limitations under § 6501(a) did not bar the IRS’s notice

of deficiency. Murrin appealed.

II. JURISDICTION AND STANDARD OF REVIEW

The Tax Court had jurisdiction under I.R.C. §§ 6213(a)

and 7442. We have jurisdiction under I.R.C. § 7482

(a)(1). We exercise de novo review over the Tax Court’s

interpretation of the Code. Sunoco Inc. v. Comm’r, 663

F.3d 181, 185 (3d Cir. 2011).

III. DISCUSSION

This appeal turns on our interpretation of § 6501.

Section 6501(a) states that “any tax imposed by [the Code]

shall be assessed within 3 years after the return was

filed”—that is, three years from the filing of “the return

required to be filed by the taxpayer.” Subsection (c) then

includes twelve exceptions to the three-year statute of

limitations, one of which is relevant here. Section 6501(c)(1)

provides, in full, that “[i]n the case of a false or fraudulent

return with the intent to evade tax, the tax may be

assessed, or a proceeding in court for collection of such

4a

Appendix A

tax may be begun without assessment, at any time.” 2 To

determine whether taxpayer intent is necessary to trigger

the indefinite limitations period in § 6501(c)(1), we examine

(1) the text of § 6501(c)(1), (2) the statutory context of

§ 6501(c)(1), and (3) relevant precedent. All three reveal

that § 6501(c)(1) is not limited to a taxpayer’s intent. We

address each in turn.

A.

Section 6501(c)(1)’s Plain Text Applies to More

Than Taxpayers

“Our analysis begins with the statutory text.”

Mississippi ex rel. Hood v. AU Optronics Corp., 571 U.S.

161, 168, 134 S. Ct. 736, 187 L. Ed. 2d 654 (2014) (citing

Sebelius v. Cloer, 569 U.S. 369, 376, 133 S. Ct. 1886, 185 L.

Ed. 2d 1003 (2013)). “We give the words of a statute their

‘ordinary, contemporary, common meaning,’ absent an

2. Section 6501(c)(1) keys the statute of limitations to

“assessment.” A tax assessment is simply “what the taxpayer is

required to pay the Government.” Soni v. Comm’r, 76 F.4th 49, 54

n.1 (2d Cir. 2023) (quoting Chai v. Comm’r, 851 F.3d 190, 218 (2d Cir.

2017)). In other words, assessment operates as a judgment against

the taxpayer. United States v. Farnsworth, 456 F.3d 394, 396 n.1 (3d

Cir. 2006). But before assessment, the IRS must first issue a notice

of deficiency to the taxpayer that tells the taxpayer what the IRS

believes is owed. I.R.C. §§ 6212(a), 6213(a). Once a taxpayer, like

Murrin, receives a notice of deficiency, she can challenge the IRS’s

position in the Tax Court. Id. § 6213(a). Only when the taxpayer

does not petition the Tax Court for a redetermination, or when the

taxpayer does so and the Tax Court’s judgment becomes final, may

the IRS issue a tax assessment. Id. In the meantime, the IRS’s

mailing of a notice of deficiency tolls the statute of limitations. Id.

§ 6503(a).

5a

Appendix A

indication Congress intended them to bear some different

import.” Williams v. Taylor, 529 U.S. 420, 431, 120 S. Ct.

1479, 146 L. Ed. 2d 435 (2000) (quoting Walters v. Metro.

Ed. Enters., Inc., 519 U.S. 202, 207, 117 S. Ct. 660, 136 L.

Ed. 2d 644 (1997)). “The ordinary or natural meaning may

be determined by looking to dictionary definitions while

keeping in mind the whole statutory text, the purpose,

and context of the statute, and relevant precedent.”

United States v. Brow, 62 F.4th 114, 120, 77 V.I. 820 (3d

Cir. 2023). 3 “We also are mindful that ‘[t]here is no canon

against using common sense in construing laws as saying

what they obviously mean.’” United States v. Lucidonio,

137 F.4th 177, 183 (3d Cir. 2025) (alteration in original)

(quoting Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S.

50, 63, 125 S. Ct. 460, 160 L. Ed. 2d 389 (2004)).

Again, the question before us is whether the “intent

to evade tax” exception in § 6501(c)(1) requires taxpayer

intent. We conclude that it does not. Absent from § 6501

(c)(1) is any express or implied textual indication that

the “intent to evade tax” is cabined to the taxpayer. The

structure of the statute focuses on the presence of “a false

or fraudulent return with the intent to evade tax.” I.R.C.

§ 6501(c)(1). That is, an “intent to evade tax” must attach to

3. ”[O]ur job is to interpret the words consistent with their

‘ordinary meaning . . . at the time Congress enacted the statute.’”

Wis. Cent. Ltd. v. United States, 585 U.S. 274, 277, 138 S. Ct. 2067,

201 L. Ed. 2d 490 (2018) (alteration in original) (quoting Perrin

v. United States, 444 U.S. 37, 42, 100 S. Ct. 311, 62 L. Ed. 2d 199

(1979)). Because § 6501(c)(1) dates to 1918, we discuss definitions

contemporaneous to that period. See infra III.B. (discussing § 6501

(c)(1)’s origin in the Revenue Act of 1918).

6a

Appendix A

the “false or fraudulent return.”4 But neither requirement

facially includes any indication that the taxpayer must be

the actor who intends to evade tax.

First, the plain and ordinary meaning of the phrase

“intent to evade tax” reveals no taxpayer-only limitation.

Neither “intent” nor “to evade” cabin the phrase “intent

to evade tax” to a taxpayer because nothing about

either term is restricted to certain individuals. 5 The

only constituent part of “intent to evade tax” that does

bear a connection to taxpayers is the term “tax.” That

is because “tax[es]” are “portions of the property of the

4. Section 6501(c)(1)’s two requirements are joined by “with,”

establishing that “the intent to evade tax” must join the “false or

fraudulent return.” See, e.g., With, Concise Oxford Dictionary of

Current English (7th ed. 1919) (explaining that “with” is a preposition

meaning, among other things, “having, carrying, possessed of,

characterized by”); see also With, Webster’s Home, School, and Office

Dictionary (1916) (“[D]enoting nearness or connection.”).

5. ”Intent” refers to a “[p]urpose; formulated design; a resolve

to do or forbear a particular act; aim; determination.” Intent, Black’s

Law Dictionary (2d ed. 1910). Said otherwise, “intent” is “the exercise

of intelligent will, the mind being fully aware of the nature and

consequences of the act which is about to be done, and with such

knowledge, and with full liberty of action, willing and electing to do

it.” Id. Accord Intent, Concise Oxford Dictionary of Current English

(7th ed. 1919) (“Intention, purpose, esp. with [intent] to defraud

[et]c.” (cleaned up)); Intent, Webster’s Home, School, and Office

Dictionary (1916) (explaining that, when used as a noun, “intent”

means “purpose; aim”). Evade means to “escape” or “avoid.” Evade,

Concise Oxford Dictionary of Current English (7th ed. 1919); Evade,

Webster’s Home, School, and Office Dictionary (1916); cf. Evasion,

Black’s Law Dictionary (2d ed. 1910) (“A subtle endeavoring to set

aside truth or to escape the punishment of the law.”).

7a

Appendix A

citizen, demanded and received by the government, to be

disposed of to enable it to discharge its functions.” Tax,

Black’s Law Dictionary (2d ed. 1910); see Tax, Webster’s

Home, School, and Office Dictionary (1916) (“[A] rate or

duty on income or property[.]”). As a result, taxes refer

to duties necessarily owed by an individual or entity. See

Tax, Concise Oxford Dictionary of Current English (7th

ed. 1919) (“Contribution levied on persons, property, or

business, for support of government[.]”). But reading the

whole phrase together, an “intent to evade tax” means that

someone planned to avoid duties owed by an individual or

entity to the Government. So, while an “intent to evade”

does concern the taxes a taxpayer owes, the plain meaning

of the words does not imply a specific actor.

Second, Congress’s decision to use passive voice in

§ 6501(c)(1) further evinces that the statute does not

depend on a taxpayer’s intent. Congress drafted § 6501

(c)(1) by focusing “on an event that occurs without respect

to a specific actor, and therefore without respect to any

[specific] actor’s intent or culpability.” Dean v. United

States, 556 U.S. 568, 572, 129 S. Ct. 1849, 173 L. Ed. 2d

785 (2009). And by wording it this way, without listing who

must intend to evade tax, “Congress was agnostic about

who” did so. Bartenwerfer v. Buckley, 598 U.S. 69, 76, 143

S. Ct. 665, 214 L. Ed. 2d 434 (2023) (cleaned up) (quoting

Watson v. United States, 552 U.S. 74, 81, 128 S. Ct. 579,

169 L. Ed. 2d 472 (2007)).6

6. ”It is true, of course, that context can confine a passive-voice

sentence to a likely set of actors.” Bartenwerfer, 598 U.S. at 76. But

as we explain below, context here confirms that Congress’s use of

passive voice in § 6501(c)(1) was purposeful. See infra.

8a

Appendix A

Murrin responds with a few textual arguments. We

begin with the strongest— that because the tax evaded is

that owed by the taxpayer, the plainest reading of “intent

to evade tax” must refer to a taxpayer’s conduct. Any other

reading, Murrin stresses, would unnaturally interpret the

statute contrary to any commonsense interpretation of it.

Cf. United States v. Fontaine, 697 F.3d 221, 228, 57 V.I. 914

(3d Cir. 2012) (explaining that “we should ‘presume[] that

the legislature intended exceptions to its language, which

would avoid [absurd]’ results” (alterations in original)

(quoting Gov’t of V.I. v. Berry, 604 F.2d 221, 225, 16 V.I.

614 (3d Cir. 1979))). This is because the “plainest reading

of section 6501(c)(1) is that the statute refers to the intent

of the person with the legal duty to file the tax return and

pay the tax: the taxpayer.” Opening Br. 24.

Murrin’s argument is a fair one. And it certainly is

true that § 6501(c)(1) applies when a taxpayer intends to

evade tax. That much is beyond debate. But the plainest

and most straightforward reading of § 6501(c)(1) is that

it simply requires an “intent to evade tax” attached to

a “false or fraudulent return,” and whether a taxpayer,

accountant, lawyer, or tax preparer evinced such intent is

beside the point. And while Murrin contends such a view

is nonsensical, the Code establishes that Congress knows

how to limit statutes to taxpayers when it intends to do

so. See infra III.B. (detailing why §§ 6161(b)(3), 6663(c),

6664(c)(1), and 7454(a) establish this conclusion). That

only strengthens our bottom-line view that were § 6501

(c)(1) limited to a taxpayer’s intent, we would expect to

see evidence of that in the statute.

9a

Appendix A

Next, Murrin contends that because § 6501(a) explains

that the “return” at issue is the taxpayer’s, “the fraudulent

intent referenced in section 6501(c)(1) is by implication

limited to fraud by the taxpayer.” Opening Br. 23-24.

Not so. As the Tax Court explained, “[t]he specification

of whose tax or return is at issue does not suggest, much

less dictate, who had to intend to evade tax.” App. 10.

Moreover, Congress expressly used the term “taxpayer”

in § 6501(a) to define what return is at issue but declined

to use the same qualifier in § 6501(c)(1). And “[w]hen

Congress includes particular language in one section

of a statute but omits it from a neighbor, we normally

understand that difference in language to convey a

difference in meaning.” Bittner v. United States, 598 U.S.

85, 94, 143 S. Ct. 713, 215 L. Ed. 2d 1 (2023).

Murrin also argues that the Tax Court’s interpretation

focuses only on the “false or fraudulent return” and thus

renders “intent to evade tax” superfluous. We recognize

that we must “give effect, if possible, to every clause and

word of a statute,” but our interpretation of § 6501(c)(1)

renders nothing superfluous in this statute. Montclair

Twp. v. Ramsdell, 107 U.S. 147, 152, 2 S. Ct. 391, 27 L.

Ed. 431 (1883); see also Arlington Cent. Sch. Dist. Bd. of

Educ. v. Murphy, 548 U.S. 291, 299 n.1, 126 S. Ct. 2455,

165 L. Ed. 2d 526 (2006) (“[I]t is generally presumed

that statutory language is not superfluous.”). As the Tax

Court correctly explained, “[t]he obvious construction

of the statutory text is that the intent to evade tax must

be present in a false or fraudulent return, irrespective

of who possesses that intent.” App. 10 (quoting BASR

P’ship v. United States, 795 F.3d 1338, 1358 (Fed. Cir.

2015) (Prost, C.J., dissenting)). But that construction of

10a

Appendix A

§ 6501(c)(1) still requires an act (a “false or fraudulent

return”) and a mental state (“with the intent to evade

tax”). As a result, we fail to see why our interpretation

of § 6501(c)(1) somehow excises “the intent to evade tax”

from the statute.7

B. Section 6501(c)(1)’s Statutory Context Shows

That Congress Knows How to Limit Statutes

to Taxpayers but Did Not Do So Here

We turn next to the statutory context of § 6501

(c)(1). “It is a fundamental canon of statutory construction

that the words of a statute must be read in their context

and with a view to their place in the overall statutory

scheme.” West Virginia v. EPA, 597 U.S. 697, 721, 142 S.

Ct. 2587, 213 L. Ed. 2d 896 (2022) (quoting Davis v. Mich.

Dep’t of Treasury, 489 U.S. 803, 809, 109 S. Ct. 1500,

103 L. Ed. 2d 891 (1989)); see also Davis, 489 U.S. at 809

(“[S]tatutory language cannot be construed in a vacuum.”).

And the statutory context shows that Congress knows how

7. We pause to mention Murrin’s remaining argument that is

adjacent to § 6501(c)(1)’s text—that our interpretation is unworkable.

By not limiting § 6501(c)(1) to a taxpayer’s intent, Murrin argues

that we would offend basic due process and fairness principles by

not defining whose intent might matter. We need not determine the

outer bounds of how an “intent to evade tax” applies in every context,

however, because Murrin stipulated that her tax preparer intended to

evade her taxes. But to the extent that Murrin suggests that courts

are simply unable to address whether other third parties’ intent to

evade tax can trigger § 6501(c)(1), the Tax Court has proven capable

of doing so. See, e.g., Browning v. Comm’r, T.C. Memo 2011-261, 102

T.C.M. (CCH) 460, at *13-16 (2011) (conducting a detailed factual

finding separately as to a taxpayer and his accountant for purposes

of whether § 6501(c)(1) applied to the taxpayer).

11a

Appendix A

to limit statutes to taxpayer conduct when it wants to do

so. For example, § 6663(a) authorizes the IRS to impose a

fraud penalty when “any part of any underpayment of tax

required to be shown on a return is due to fraud.” I.R.C.

§ 6663(a). But the fraud penalty does not apply when “the

taxpayer acted in good faith” and had “reasonable cause.”

Id. § 6664(c)(1). Nor does it apply for a joint return filed by

a married couple “unless some part of the underpayment

is due to the fraud of such spouse.” Id. § 6663(c). And “[i]n

any proceeding involving the issue whether the petitioner

[that is, the taxpayer] has been guilty of fraud with intent

to evade tax,” Congress required the IRS to carry the

burden of proof on that issue. Id. § 7454(a).

A few important lessons flow from the Code’s fraud

provisions in §§ 6663, 6664, and 7454. The first is that the

fraud penalty in § 6663(a) simply says it applies when an

underpayment is “due to fraud,” but Congress’s express

reference to a taxpayer’s conduct three times in §§ 6663(c),

6664(c)(1), and 7454(a) make clear that the “fraud” in

§ 6663(a) refers to that of a taxpayer and not a third party’s

fraud. Missing from the “intent to evade tax” in § 6501(c)(1)

is any such contextual limitation, confirming that “intend

to evade tax” includes no implied limitation. The second

is that §§ 6663(c), 6664(c)(1), and 7454(a) demonstrate

Congress’s knowledge about how to limit statutes to

taxpayers. 8 As a result, we find it difficult to believe

that despite Congress limiting provisions elsewhere by

reference to a taxpayer’s conduct or allegations directed

8. Congress likewise knows how to limit statutes to third

parties like tax preparers. See, e.g., I.R.C. § 6694(a) (penalizing

tax preparers for, among other things, taking unreasonable tax

positions).

12a

Appendix A

against the taxpayer, Congress included a limitation

within “a false or fraudulent return with the intent to

evade tax” despite not saying so. Id. § 6501(c)(1).

Murrin disagrees with our view of the Code for two

reasons, but neither persuades. First, Murrin contends

that the fraud penalty under § 6663(a) cuts against our

interpretation. Because “due to fraud” in § 6663(a) and

“intent to evade tax” in § 6501(c)(1) both are written in the

passive voice, Murrin suggests that § 6663(a)’s limitation

to a taxpayer’s conduct must carry over to § 6501(c)(1). As

support, Murrin explains that both provisions date to the

Revenue Act of 1918, and in that Act the phrase “intent to

evade tax” described both the fraud penalty and statuteof-limitations exception. See Revenue Act of 1918, Pub. L.

No. 65-254, §§ 250(b), 40 Stat. 1057, 1083 (applying fraud

penalty when an “understatement is false or fraudulent

with intent to evade the tax”); id. § 250(d), 40 Stat. at 1083

(applying exception to statute of limitations “in the case of

false or fraudulent returns with intent to evade the tax”).

Murrin’s argument implicates the statutory canon

of construction of in pari materia—the axiom that “a

legislative body generally uses a particular word with

a consistent meaning in a given context.” Erlenbaugh

v. United States, 409 U.S. 239, 243, 93 S. Ct. 477, 34 L.

Ed. 2d 446 (1972). But identical words “may be variously

construed, not only when they occur in different statutes,

but when used more than once in the same statute or even

in the same section.” Env’t Def. v. Duke Energy Corp., 549

U.S. 561, 574, 127 S. Ct. 1423, 167 L. Ed. 2d 295 (2007)

(quoting Atl. Cleaners & Dyers, Inc. v. United States,

13a

Appendix A

286 U.S. 427, 433, 52 S. Ct. 607, 76 L. Ed. 1204 (1932)).

“Thus, the ‘natural presumption that identical words used

in different parts of the same act are intended to have the

same meaning’” is not inexorable, and it “readily yields

whenever there is such variation in the connection in

which the words are used as reasonably to warrant the

conclusion that they were employed in different parts of

the act with different intent.’” Id. (quoting Atl. Cleaners

& Dyers, Inc., 286 U.S. at 433).

Looking past the fact that the modern-day fraud

penalty differs in text from the historical analogue,

Murrin points to the Revenue Act of 1918, which includes

the same contextual limitations present in the Code today.

Section 250(b), housing the fraud penalty now codified

as § 6663(a), included various limitations that referenced

taxpayers, their actions, and intent, but § 250(d), housing

the statute-of-limitations exception now codified as

§ 6501(c)(1), did not. See Revenue Act of 1918, Pub. L. No.

65-254, § 250(b), 40 Stat. 1057, 1083 (exempting application

of fraud penalty “if the return is made in good faith and

the understatement of the amount in the return is not due

to any fault of the taxpayer” or imposing a smaller penalty

for understatements “due to negligence on the part of the

taxpayer, but without intent to defraud”). Thus, Murrin’s

emphasis on history only proves the same point reached

by reference to the Code. Congress has never limited the

scope of the statute-of-limitations exception despite doing

so in the fraud penalty.9

9. Murrin makes the same argument related to § 7454(a), which

shifts the burden of proof to the IRS when it alleges “the petitioner

[that is, the taxpayer] has been guilty of fraud with intent to evade

14a

Appendix A

Second, Murrin points to another provision, § 6161(b)

(3), as support for why our interpretation is incongruous

with the Code. That provision disallows extensions of time

for payments of tax when a “deficiency is due to negligence,

to intentional disregard of rules and regulations, or to

fraud with intent to evade tax.” I.R.C. § 6161(b)(3). Section

6161(b)(3) is drafted like § 6501(c)(1), meaning nothing in

§ 6161(b)(3) suggests any limitation to its application when

a third party intends to evade tax. Murrin argues that

it is absurd to think that Congress would allow a third

party to impact a taxpayer’s ability to seek an extension

of time, further establishing the unreasonableness of our

interpretation of § 6501(c)(1).

We disag ree w ith Mur r in. Section 6161(b)(3)

establishes yet another piece of evidence supporting our

interpretation of § 6501(c)(1) and the Code. Sections 6161(b)

(3) and 6501(c)(1) deal with the IRS’s receipt of accurate

payments of tax, and their provisions are not limited to a

taxpayer’s intent. Sections 6663(c), 6664(c)(1), and 7454(a)

deal with the imposition of fraud penalties on top of what

taxes might be owed, and those provisions are limited to

a taxpayer’s intent. Read together, Congress treats the

payments of tax and the imposition of penalties differently.

And it makes sense that Congress would “impose penalties

on the taxpayer only when the taxpayer intended to evade

the tax, while at the same time allowing the IRS to collect

tax.” Murrin suggests any case involving an intent to evade tax

relates to a taxpayer. But § 7454(a) is yet another example of how

Congress meant what it said and said what it meant; were § 6501

(c)(1) limited to a taxpayer’s intent to evade tax, it could have drafted

it precisely like § 7454(a) by specifying to whom the statute applies.

15a

Appendix A

taxes based on an understated fraudulent return at any

time.” BASR, 795 F.3d at 1360 (Prost, C.J., dissenting);

see also Asphalt Indus., Inc. v. Comm’r, 384 F.2d 229, 234

(3d Cir. 1967) (explaining that the fraud penalty under

§ 6663(a) not only gathers revenue but also operates as a

“civil sanction” that “bears a close resemblance to criminal

liability”).

C.

Precedent Likewise Supports Our View

Finally, we examine the relevant precedent. The

Supreme Court’s recent analysis of Congress’s use of

passive voice also confirms our reading of § 6501(c)(1). In

Bartenwerfer, the Supreme Court analyzed a provision of

the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), specifying

that debt is not dischargeable when money is “obtained

by . . . fraud.” 598 U.S. at 74. Because Bartenwerfer did

not know about the fraud committed by her partner,

she argued that the judgment was dischargeable in

bankruptcy. Id. at 75. Bartenwerfer reasoned that “the

statute is most naturally read to bar the discharge of debts

for money obtained by the debtor’s fraud,” as the passive

voice of the statute “hides the relevant actor in plain sight.”

Id. The Supreme Court unanimously disagreed because

the statute’s “[p]assive voice pull[ed] the actor off the

stage,” meaning that all the Bankruptcy Code required

was that “debt must result from someone’s fraud.” Id. at

75-76.

Section 6501(c)(1)’s “intent to evade tax” language

is like the “obtained by fraud” language at issue in

Bartenwerfer. Neither identifies who must intend to evade

16a

Appendix A

tax or who must obtain property by fraud. But like the

language in Bartenwerfer, § 6501(c)(1) focuses on an event

without regard to an actor—that is, Congress focused on

a “false or fraudulent return with the intent to evade tax”

without saying who must act. By pulling the taxpayer off

the stage, Congress made its reasoning clear. The statute

of limitations does not apply when someone intends to

evade tax in the filing of a false or fraudulent return,

taxpayer or not.10

Bartenwerfer’s analysis about the use of passive

voice in statutes also aligns with the Supreme Court’s

last opinion interpreting § 6501(c)(1). See Badaracco v.

Comm’r, 464 U.S. 386, 104 S. Ct. 756, 78 L. Ed. 2d 549

(1984). Badaracco concerned a dispute about whether the

statute of limitations is suspended under § 6501(c)(1) if an

amended non-fraudulent tax return is filed to correct a

previously filed fraudulent one. Id. at 388. Because § 6501

(c)(1) allows a tax assessment “at any time,” the Supreme

Court held that nothing in the statute’s “unqualified

language” could “be construed to suspend its operation

10. The Supreme Court also discussed common law fraud

because while Bartenwerfer “paint[ed] a picture of liability imposed

willy-nilly on hapless bystanders,” common law fraud principles

establish that “innocent people are sometimes held liable for fraud

they did not personally commit.” Bartenwerfer, 598 U.S. at 82-83.

Murrin argues this fact makes Bartenwerfer inapposite because

“tax-return preparers are not agents” and, thus, common law fraud’s

application to this case would differ. Loving v. IRS, 742 F.3d 1013,

1017, 408 U.S. App. D.C. 281 (D.C. Cir. 2014). But even were that

true, Bartenwerfer’s more general view that a passive-voice phrase,

“on its face,” “pulls the actor off the stage” would remain. 598 U.S.

at 75. So too would our view of § 6501(c)(1).

17a

Appendix A

in the light of a fraudulent filer’s subsequent repentant

conduct.” Id. at 393. And the Supreme Court explained

that a statute of limitations like § 6501(c)(1) “must receive

a strict construction in favor of the Government.” Id. at

391 (quoting E.I. Dupont de Nemours & Co. v. Davis, 264

U.S. 456, 462, 44 S. Ct. 364, 68 L. Ed. 788 (1924)).11 The

taxpayers’ position in Badaracco was similar to Murrin’s,

who advocates for a position unsupported by the statute’s

generally applicable language—language that we must

read in the IRS’s favor. Thus, we see nothing in the text

of § 6501(c)(1) or in case law from the Supreme Court

supporting Murrin’s preferred interpretation; instead, we

see case law supporting the opposite conclusion.

Moving past Badaracco and Bartenwerfer, Murrin

responds that we are bound to adopt her interpretation

because of this Court’s holding in Asphalt Industries, 384

F.2d at 229. But Murrin misreads Asphalt. The president of

Asphalt embezzled money and thus caused the corporation

to file false or fraudulent tax returns. Id. at 231. We held

that the president’s embezzlement was not imputed to the

corporation for purposes of § 6501(c)(1) in part because

the tax fraud was simply a “subordinate element in [the

11. Murrin suggests that this Court does not construe statutes

of limitations in the IRS’s favor when the taxpayer does not act

fraudulently. Opening Br. 46 (citing Lauckner v. United States, 68

F.3d 69 (3d Cir. 1995)). We said no such thing in Lauckner, and the

next year interpreted § 6501 with reference to the Supreme Court’s

direction in Badaracco to strictly construe it in a light favorable

to the IRS. Bachner v. Comm’r, 81 F.3d 1274, 1279 (3d Cir. 1996).

And regardless, strict construction or not, Murrin’s argument runs

counter to § 6501(c)(1)’s text and context.

18a

Appendix A

president’s] need to conceal his embezzlement.” Id. at

235. We did not consider whether a party other than the

taxpayer could independently satisfy § 6501(c)(1). And no

one argued that the president’s embezzlement constituted

an intent to evade tax owed by Asphalt. Instead, we

assumed “for present purposes” that “the meaning of

fraud” is the same under both § 6501(c)(1) and § 6663(a)

and held that the record was insufficient for § 6501(c)(1)

to apply. Id. at 232. Thus, Asphalt does not answer the

interpretive question before the Court today.

Murrin argues that affirming the Tax Court would

“reject[] 100 years of tax jurisprudence,” but that is not

so. Opening Br. 2. As Murrin explains, it appears that

the IRS first opined that § 6501(c)(1) applies in situations

other than where a taxpayer intended to evade tax in 2001.

IRS Field Service Advisory 200126019, 2001 WL 729653

(issued June 29, 2001). The Tax Court then held that

§ 6501(c)(1) applied in situations beyond when a taxpayer

intends to evade tax. See Allen v. Comm’r, 128 T.C. 37

(2007) (applying § 6501(c)(1) because of a tax preparer’s

intent to evade tax). Following Allen, the Tax Court has

applied § 6501(c)(1) in the context of a non-taxpayer’s intent

on several occasions, including on returns prepared by the

same tax preparer Murrin used. See Finnegan v. Comm’r,

T.C. Memo 2016-118, at *7-9 (2016) (finding Howell’s

intent to evade tax rendered § 6501(c)(1) applicable); see

also Ames-Mechelke v. Comm’r, T.C. Memo 2013-176, 106

T.C.M. (CCH) 77, at *7 (2013) (finding § 6501(c)(1) applied

because of a tax preparer). Our holding today therefore

does not reject a century’s worth of tax jurisprudence;

instead, we continue the well-trod ground laid by the Tax

Court.

19a

Appendix A

We do acknowledge, however, that our holding today

departs from the Federal Circuit’s opinion that the IRS

is limited “to the three-year limitations period unless the

taxpayer possessed the intent to evade tax.” BASR, 795

F.3d at 1350 (majority opinion).12 The Federal Circuit, in a

decision predating Bartenwerfer, reached this conclusion

because it found the statute’s text revealed little and

instead relied heavily on context, congressional intent,

and legislative history. See, e.g., id. at 1343-45. Because we

find that § 6501(c)(1)’s text and statutory context include

no requirement that an “intent to evade tax” must come

from a taxpayer, we respectfully part ways. Accord id. at

1358 (Prost, C.J., dissenting) (“[T]he obvious construction

12. Murrin contends that the Fifth Circuit in Payne v. Comm’r,

224 F.3d 415 (5th Cir. 2000), came to the same view as the Federal

Circuit. The Fifth Circuit, in an appeal about whether the Tax

Court properly found that a taxpayer intended to evade tax under

§ 6501(c)(1), described how the IRS had to show evidence “from

which fraudulent intent on the part of the taxpayer can be properly

inferred.” Id. at 421 (emphasis omitted). The Fifth Circuit described

the case in those terms because the actor at issue was the taxpayer.

But nowhere did that court discern the meaning and scope of § 6501

(c)(1) for a third party’s actions.

The only other Circuit that confronted this issue aligns with our

view. City Wide Transit, Inc. v. Comm’r, 709 F.3d 102 (2d Cir. 2013).

The Second Circuit, citing the Tax Court’s post-Allen precedent,

stated: “we conclude that the limitations period for assessing [the

taxpayer’s] taxes is extended if the taxes were understated due

to fraud of the preparer.” Id. at 107. But the Second Circuit then

explained how the issue before it was a “narrow” one because

the taxpayer conceded that if the tax preparer filed taxes with an

intent to evade, § 6501(c)(1) applied. As a result, while City Wide

Transit appears to bolster our view, we are uncertain whether the

Second Circuit’s statement concerning § 6501(c)(1) is cabined to the

taxpayers’ concessions on appeal and, thus, do not rely on it.

20a

Appendix A

of the statutory text is that the intent to evade tax must

be present in a false or fraudulent return, irrespective of

who possesses that intent.”).

*****

Murrin faces financial pain. According to the notice of

deficiency, Murrin owes $65,318 in underpayments of tax

and $13,064 in accuracy-related penalties. And applying

the normal rate of interest to these deficiencies, she may

be charged with owing an estimated $250,000 in interest.13

All date to tax returns from decades ago. Murrin finds

this patently unfair because her tax preparer caused the

underpayments of tax. We understand her perspective.

But we are bound to “consider . . . whether the policy

[Murrin] favor[s] is that which Congress effectuated by

its enactment of § 6501.” Badaracco, 464 U.S. at 398.

And while Congress has limited imposing fraud penalties

against a taxpayer without a taxpayer’s intent, § 6501(c)(1)’s

13. We emphasize that Murrin’s accuracy-related penalties and

interest on the deficiencies are not before us. Murrin stipulated to

the IRS’s proper determination of the accuracy-related penalties.

Because the Tax Court lacked jurisdiction to adjudicate issues

relating to interest imposed on underpayments by § 6601(a), so do we.

See Comm’r v. McCoy, 484 U.S. 3, 6-7, 108 S. Ct. 217, 98 L. Ed. 2d 2

(1987); Sunoco Inc. v. Comm’r, 663 F.3d 181, 189 (3d Cir. 2011). And in

the normal course, even where the statute-of-limitations exception in

§ 6501(c)(1) applies, taxpayers are free to challenge accuracy-related

penalties and interest. See, e.g., I.R.C. § 6664(c)(1) (rendering the

accuracy-related penalty and fraud penalty inapplicable when the

taxpayer had a “reasonable cause” for the tax position and “acted in

good faith”). Thus, nothing in this opinion should be read to foreclose

any challenge to the assessment of interest in a future proceeding.

21a

Appendix A

text, context, and precedent establish that Congress was

agnostic about whether the taxpayer intended to evade

tax for purposes of the IRS’s full and accurate assessment

of taxes.

IV. CONCLUSION

For the reasons discussed above, we will affirm the

judgment of the Tax Court.

22a

Appendix

B

APPENDIX B — OPINION

OF THE

UNITED STATES

COURT OF APPEALS FOR THE THIRD CIRCUIT,

FILED AUGUST 18, 2025

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 24-2037

STEPHANIE MURRIN,

Appellant,

v.

COMMISSIONER OF INTERNAL REVENUE

On Appeal from the United States Tax Court

U.S. Tax Court No. 19-14614

Tax Court Judge: Patrick J. Urda

Argued April 30, 2025

Before: KRAUSE, BIBAS, and

MONTGOMERY-REEVES,

Circuit Judges.

(Filed August 18, 2025)

OPINION OF THE COURT

MONTGOMERY-REEVES, Circuit Judge.

Typically, the Internal Revenue Service (“IRS”) must

assess tax within three years from the date an individual

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taxpayer files her return. I.R.C. § 6501(a).1 An exception

to this statute of limitations exists, however. When there

is “a false or fraudulent return with the intent to evade

tax,” the IRS can assess tax “at any time.” Id. § 6501(c)(1).

But whose “intent” is required for this exception to the

statute of limitations to apply? That is the subject of this

appeal. Appellant Stephanie Murrin argues that only the

taxpayer’s intent matters. That is, the exception applies

only if the taxpayer herself intends to evade tax. And

because Murrin’s tax preparer prepared her taxes with

an intent to evade tax while she did not, the exception to

the statute of limitations does not apply. We understand

Murrin’s frustration with the IRS’s decision to assess tax

beyond the statute of limitations due to the wrongdoing of

someone other than her. But we are bound by the statute.

And because the statute is agnostic about who must intend

to evade tax, we hold that taxpayer intent is not required.

Thus, we will affirm the judgment of the Tax Court.

I.

BACKGROUND

The material facts in this appeal are undisputed.

Murrin underpaid her taxes from 1993 to 1999 because

her tax preparer, Duane Howell, placed false or fraudulent

entries on Murrin’s tax returns with an intent to evade tax.

But Murrin did not cause the false or fraudulent entries,

and she did not intend to evade tax.

Over 20 years later, in 2019, the IRS issued a notice

of deficiency to Murrin regarding underpayments on her

1. The “Code” refers to the Internal Revenue Code. See 26

U.S.C. § 1 et seq.

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tax returns between 1993 and 1999. Id. § 6212(a). Murrin

filed a petition in the Tax Court for a redetermination

of the deficiency. Id. § 6213(a). Murrin agreed with the

IRS that she underpaid $65,318 in tax, and she did not

dispute the application of an accuracy-related penalty of

$13,064 for the underpayment or the imposition of interest.

Instead, Murrin argued that the IRS did not act within

the three-year statute of limitations. The Tax Court held

that § 6501(c)(1) applies because Howell prepared Murrin’s

false or fraudulent tax returns with an intent to evade tax,

and thus the statute of limitations under § 6501(a) did not

bar the IRS’s notice of deficiency. Murrin appealed.

II. JURISDICTION AND STANDARD OF REVIEW

The Tax Court had jurisdiction under I.R.C. §§ 6213(a)

and 7442. We have jurisdiction under I.R.C. § 7482

(a)(1). We exercise de novo review over the Tax Court’s

interpretation of the Code. Sunoco Inc. v. Comm’r, 663

F.3d 181, 185 (3d Cir. 2011).

III. DISCUSSION

This appeal turns on our interpretation of § 6501.

Section 6501(a) states that “any tax imposed by [the

Code] shall be assessed within 3 years after the return

was filed”— that is, three years from the filing of “the

return required to be filed by the taxpayer.” Subsection

(c) then includes twelve exceptions to the three-year

statute of limitations, one of which is relevant here. Section

6501(c)(1) provides, in full, that “[i]n the case of a false or

fraudulent return with the intent to evade tax, the tax

may be assessed, or a proceeding in court for collection of

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such tax may be begun without assessment, at any time.” 2

To determine whether taxpayer intent is necessary to

trigger the indefinite limitations period in § 6501(c)(1), we

examine (1) the text of § 6501(c)(1), (2) the statutory context

of § 6501(c)(1), and (3) relevant precedent. All three reveal

that § 6501(c)(1) is not limited to a taxpayer’s intent. We

address each in turn.

A.

Section 6501(c)(1)’s Plain Text Applies to More

Than Taxpayers

“Our analysis begins with the statutory text.”

Mississippi ex rel. Hood v. AU Optronics Corp., 571 U.S.

161, 168, 134 S. Ct. 736, 187 L. Ed. 2d 654 (2014) (citing

Sebelius v. Cloer, 569 U.S. 369, 376, 133 S. Ct. 1886, 185 L.

Ed. 2d 1003 (2013)). “We give the words of a statute their

‘ordinary, contemporary, common meaning,’ absent an

indication Congress intended them to bear some different

2. Section 6501(c)(1) keys the statute of limitations to

“assessment.” A tax assessment is simply “what the taxpayer is

required to pay the Government.” Soni v. Comm’r, 76 F.4th 49, 54

n.1 (2d Cir. 2023) (quoting Chai v. Comm’r, 851 F.3d 190, 218 (2d Cir.

2017)). In other words, assessment operates as a judgment against

the taxpayer. United States v. Farnsworth, 456 F.3d 394, 396 n.1 (3d

Cir. 2006). But before assessment, the IRS must first issue a notice

of deficiency to the taxpayer that tells the taxpayer what the IRS

believes is owed. I.R.C. §§ 6212(a), 6213(a). Once a taxpayer, like

Murrin, receives a notice of deficiency, she can challenge the IRS’s

position in the Tax Court. Id. § 6213(a). Only when the taxpayer

does not petition the Tax Court for a redetermination, or when the

taxpayer does so and the Tax Court’s judgment becomes final, may

the IRS issue a tax assessment. Id. In the meantime, the IRS’s

mailing of a notice of deficiency tolls the statute of limitations. Id.

§ 6503(a).

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import.” Williams v. Taylor, 529 U.S. 420, 431, 120 S. Ct.

1479, 146 L. Ed. 2d 435 (2000) (quoting Walters v. Metro.

Ed. Enters., Inc., 519 U.S. 202, 207, 117 S. Ct. 660, 136 L.

Ed. 2d 644 (1997)). “The ordinary or natural meaning may

be determined by looking to dictionary definitions while

keeping in mind the whole statutory text, the purpose,

and context of the statute, and relevant precedent.”

United States v. Brow, 62 F.4th 114, 120, 77 V.I. 820 (3d

Cir. 2023). 3 “We also are mindful that ‘[t]here is no canon

against using common sense in construing laws as saying

what they obviously mean.’” United States v. Lucidonio,

137 F.4th 177, 183 (3d Cir. 2025) (alteration in original)

(quoting Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S.

50, 63, 125 S. Ct. 460, 160 L. Ed. 2d 389 (2004)).

Again, the question before us is whether the “intent

to evade tax” exception in § 6501(c)(1) requires taxpayer

intent. We conclude that it does not. Absent from § 6501

(c)(1) is any express or implied textual indication that

the “intent to evade tax” is cabined to the taxpayer. The

structure of the statute focuses on the presence of “a false

or fraudulent return with the intent to evade tax.” I.R.C.

§ 6501(c)(1). That is, an “intent to evade tax” must attach to

3. ”[O]ur job is to interpret the words consistent with their

‘ordinary meaning . . . at the time Congress enacted the statute.’”

Wis. Cent. Ltd. v. United States, 585 U.S. 274, 277, 138 S. Ct. 2067,

201 L. Ed. 2d 490 (2018) (alteration in original) (quoting Perrin

v. United States, 444 U.S. 37, 42, 100 S. Ct. 311, 62 L. Ed. 2d 199

(1979)). Because § 6501(c)(1) dates to 1918, we discuss definitions

contemporaneous to that period. See infra III.B. (discussing § 6501

(c)(1)’s origin in the Revenue Act of 1918).

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Appendix B

the “false or fraudulent return.”4 But neither requirement

facially includes any indication that the taxpayer must be

the actor who intends to evade tax.

First, the plain and ordinary meaning of the phrase

“intent to evade tax” reveals no taxpayer-only limitation.

Neither “intent” nor “to evade” cabin the phrase “intent

to evade tax” to a taxpayer because nothing about

either term is restricted to certain individuals. 5 The

only constituent part of “intent to evade tax” that does

bear a connection to taxpayers is the term “tax.” That

is because “tax[es]” are “portions of the property of the

4. Section 6501(c)(1)’s two requirements are joined by “with,”

establishing that “the intent to evade tax” must join the “false or

fraudulent return.” See, e.g., With, Concise Oxford Dictionary of

Current English (7th ed. 1919) (explaining that “with” is a preposition

meaning, among other things, “having, carrying, possessed of,

characterized by”); see also With, Webster’s Home, School, and Office

Dictionary (1916) (“[D]enoting nearness or connection.”).

5. ”Intent” refers to a “[p]urpose; formulated design; a resolve

to do or forbear a particular act; aim; determination.” Intent, Black’s

Law Dictionary (2d ed. 1910). Said otherwise, “intent” is “the exercise

of intelligent will, the mind being fully aware of the nature and

consequences of the act which is about to be done, and with such

knowledge, and with full liberty of action, willing and electing to do

it.” Id. Accord Intent, Concise Oxford Dictionary of Current English

(7th ed. 1919) (“Intention, purpose, esp. with [intent] to defraud

[et]c.” (cleaned up)); Intent, Webster’s Home, School, and Office

Dictionary (1916) (explaining that, when used as a noun, “intent”

means “purpose; aim”). Evade means to “escape” or “avoid.” Evade,

Concise Oxford Dictionary of Current English (7th ed. 1919); Evade,

Webster’s Home, School, and Office Dictionary (1916); cf. Evasion,

Black’s Law Dictionary (2d ed. 1910) (“A subtle endeavoring to set

aside truth or to escape the punishment of the law.”).

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Appendix B

citizen, demanded and received by the government, to be

disposed of to enable it to discharge its functions.” Tax,

Black’s Law Dictionary (2d ed. 1910); see Tax, Webster’s

Home, School, and Office Dictionary (1916) (“[A] rate or

duty on income or property[.]”). As a result, taxes refer

to duties necessarily owed by an individual or entity. See

Tax, Concise Oxford Dictionary of Current English (7th

ed. 1919) (“Contribution levied on persons, property, or

business, for support of government[.]”). But reading the

whole phrase together, an “intent to evade tax” means that

someone planned to avoid duties owed by an individual or

entity to the Government. So, while an “intent to evade”

does concern the taxes a taxpayer owes, the plain meaning

of the words does not imply a specific actor.

Second, Congress’s decision to use passive voice in

§ 6501(c)(1) further evinces that the statute does not

depend on a taxpayer’s intent. Congress drafted § 6501

(c)(1) by focusing “on an event that occurs without respect

to a specific actor, and therefore without respect to any

[specific] actor’s intent or culpability.” Dean v. United

States, 556 U.S. 568, 572, 129 S. Ct. 1849, 173 L. Ed. 2d

785 (2009). And by wording it this way, without listing who

must intend to evade tax, “Congress was agnostic about

who” did so. Bartenwerfer v. Buckley, 598 U.S. 69, 76, 143

S. Ct. 665, 214 L. Ed. 2d 434 (2023) (cleaned up) (quoting

Watson v. United States, 552 U.S. 74, 81, 128 S. Ct. 579,

169 L. Ed. 2d 472 (2007)).6

6. ”It is true, of course, that context can confine a passive-voice

sentence to a likely set of actors.” Bartenwerfer, 598 U.S. at 76. But

as we explain below, context here confirms that Congress’s use of

passive voice in § 6501(c)(1) was purposeful. See infra.

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Appendix B

Murrin responds with a few textual arguments. We

begin with the strongest—that because the tax evaded is

that owed by the taxpayer, the plainest reading of “intent

to evade tax” must refer to a taxpayer’s conduct. Any other

reading, Murrin stresses, would unnaturally interpret the

statute contrary to any commonsense interpretation of it.

Cf. United States v. Fontaine, 697 F.3d 221, 228, 57 V.I. 914

(3d Cir. 2012) (explaining that “we should ‘presume[] that

the legislature intended exceptions to its language, which

would avoid [absurd]’ results” (alterations in original)

(quoting Gov’t of the V.I. v. Berry, 604 F.2d 221, 225, 16 V.I.

614 (3d Cir. 1979))). This is because the “plainest reading

of section 6501(c)(1) is that the statute refers to the intent

of the person with the legal duty to file the tax return and

pay the tax: the taxpayer.” Opening Br. 24.

Murrin’s argument is a fair one. And it certainly is

true that § 6501(c)(1) applies when a taxpayer intends to

evade tax. That much is beyond debate. But the plainest

and most straightforward reading of § 6501(c)(1) is that

it simply requires an “intent to evade tax” attached to

a “false or fraudulent return,” and whether a taxpayer,

accountant, lawyer, or tax preparer evinced such intent is

beside the point. And while Murrin contends such a view

is nonsensical, the Code establishes that Congress knows

how to limit statutes to taxpayers when it intends to do

so. See infra III.B. (detailing why §§ 6161(b)(3), 6663(c),

6664(c)(1), and 7454(a) establish this conclusion). That

only strengthens our bottom-line view that were § 6501

(c)(1) limited to a taxpayer’s intent, we would expect to

see evidence of that in the statute.

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Next, Murrin contends that because § 6501(a) explains

that the “return” at issue is the taxpayer’s, “the fraudulent

intent referenced in section 6501(c)(1) is by implication

limited to fraud by the taxpayer.” Opening Br. 23-24.

Not so. As the Tax Court explained, “[t]he specification

of whose tax or return is at issue does not suggest, much

less dictate, who had to intend to evade tax.” App. 10.

Moreover, Congress expressly used the term “taxpayer”

in § 6501(a) to define what return is at issue but declined

to use the same qualifier in § 6501(c)(1). And “[w]hen

Congress includes particular language in one section

of a statute but omits it from a neighbor, we normally

understand that difference in language to convey a

difference in meaning.” Bittner v. United States, 598 U.S.

85, 94, 143 S. Ct. 713, 215 L. Ed. 2d 1 (2023).

Murrin also argues that the Tax Court’s interpretation

focuses only on the “false or fraudulent return” and thus

renders “intent to evade tax” superfluous. We recognize

that we must “give effect, if possible, to every clause and

word of a statute,” but our interpretation of § 6501(c)(1)

renders nothing superfluous in this statute. Montclair

Twp. v. Ramsdell, 107 U.S. 147, 152, 2 S. Ct. 391, 27 L.

Ed. 431 (1883); see also Arlington Cent. Sch. Dist. Bd. of

Educ. v. Murphy, 548 U.S. 291, 299 n.1, 126 S. Ct. 2455,

165 L. Ed. 2d 526 (2006) (“[I]t is generally presumed

that statutory language is not superfluous.”). As the Tax

Court correctly explained, “[t]he obvious construction

of the statutory text is that the intent to evade tax must

be present in a false or fraudulent return, irrespective

of who possesses that intent.” App. 10 (quoting BASR

P’ship v. United States, 795 F.3d 1338, 1358 (Fed. Cir.

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Appendix B

2015) (Prost, C.J., dissenting)). But that construction of

§ 6501(c)(1) still requires an act (a “false or fraudulent

return”) and a mental state (“with the intent to evade

tax”). As a result, we fail to see why our interpretation

of § 6501(c)(1) somehow excises “the intent to evade tax”

from the statute.7

B. Section 6501(c)(1)’s Statutory Context Shows

That Congress Knows How to Limit Statutes

to Taxpayers but Did Not Do So Here

We turn next to the statutory context of § 6501(c)(1).

“It is a fundamental canon of statutory construction that

the words of a statute must be read in their context and

with a view to their place in the overall statutory scheme.”

West Virginia v. EPA, 597 U.S. 697, 721, 142 S. Ct. 2587,

213 L. Ed. 2d 896 (2022) (quoting Davis v. Mich. Dep’t of

Treasury, 489 U.S. 803, 809, 109 S. Ct. 1500, 103 L. Ed.

2d 891 (1989)); see also Davis, 489 U.S. at 809 (“[S]tatutory

7. We pause to mention Murrin’s remaining argument that is

adjacent to § 6501(c)(1)’s text—that our interpretation is unworkable.

By not limiting § 6501(c)(1) to a taxpayer’s intent, Murrin argues

that we would offend basic due process and fairness principles by

not defining whose intent might matter. We need not determine the

outer bounds of how an “intent to evade tax” applies in every context,

however, because Murrin stipulated that her tax preparer intended to

evade her taxes. But to the extent that Murrin suggests that courts

are simply unable to address whether other third parties’ intent to

evade tax can trigger § 6501(c)(1), the Tax Court has proven capable

of doing so. See, e.g., Browning v. Comm’r, 102 T.C.M. (CCH) 460,

at *13-16 (2011) (conducting a detailed factual finding separately as

to a taxpayer and his accountant for purposes of whether § 6501(c)

(1) applied to the taxpayer).

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Appendix B

language cannot be construed in a vacuum.”). And the

statutory context shows that Congress knows how to

limit statutes to taxpayer conduct when it wants to do so.

For example, § 6663(a) authorizes the IRS to impose a

fraud penalty when “any part of any underpayment of tax

required to be shown on a return is due to fraud.” I.R.C.

§ 6663(a). But the fraud penalty does not apply when “the

taxpayer acted in good faith” and had “reasonable cause.”

Id. § 6664(c)(1). Nor does it apply for a joint return filed by

a married couple “unless some part of the underpayment

is due to the fraud of such spouse.” Id. § 6663(c). And “[i]n

any proceeding involving the issue whether the petitioner

[that is, the taxpayer] has been guilty of fraud with intent

to evade tax,” Congress required the IRS to carry the

burden of proof on that issue. Id. § 7454(a).

A few important lessons flow from the Code’s fraud

provisions in §§ 6663, 6664, and 7454. The first is that the

fraud penalty in § 6663(a) simply says it applies when an

underpayment is “due to fraud,” but Congress’s express

reference to a taxpayer’s conduct three times in §§ 6663(c),

6664(c)(1), and 7454(a) make clear that the “fraud” in

§ 6663(a) refers to that of a taxpayer and not a third party’s

fraud. Missing from the “intent to evade tax” in § 6501(c)(1)

is any such contextual limitation, confirming that “intend

to evade tax” includes no implied limitation. The second

is that §§ 6663(c), 6664(c)(1), and 7454(a) demonstrate

Congress’s knowledge about how to limit statutes to

taxpayers. 8 As a result, we find it difficult to believe

8. Congress likewise knows how to limit statutes to third

parties like tax preparers. See, e.g., I.R.C. § 6694(a) (penalizing

tax preparers for, among other things, taking unreasonable tax

positions).

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that despite Congress limiting provisions elsewhere by

reference to a taxpayer’s conduct or allegations directed

against the taxpayer, Congress included a limitation

within “a false or fraudulent return with the intent to

evade tax” despite not saying so. Id. § 6501(c)(1).

Murrin disagrees with our view of the Code for two

reasons, but neither persuades. First, Murrin contends

that the fraud penalty under § 6663(a) cuts against our

interpretation. Because “due to fraud” in § 6663(a) and

“intent to evade tax” in § 6501(c)(1) both are written in the

passive voice, Murrin suggests that § 6663(a)’s limitation

to a taxpayer’s conduct must carry over to § 6501(c)(1). As

support, Murrin explains that both provisions date to the

Revenue Act of 1918, and in that Act the phrase “intent to

evade tax” described both the fraud penalty and statuteof-limitations exception. See Revenue Act of 1918, Pub. L.

No. 65-254, §§ 250(b), 40 Stat. 1057, 1083 (applying fraud

penalty when an “understatement is false or fraudulent

with intent to evade the tax”); id. § 250(d), 40 Stat. at 1083

(applying exception to statute of limitations “in the case of

false or fraudulent returns with intent to evade the tax”).

Murrin’s argument implicates the statutory canon

of construction of in pari materia—the axiom that “a

legislative body generally uses a particular word with

a consistent meaning in a given context.” Erlenbaugh

v. United States, 409 U.S. 239, 243, 93 S. Ct. 477, 34 L.

Ed. 2d 446 (1972). But identical words “may be variously

construed, not only when they occur in different statutes,

but when used more than once in the same statute or even

in the same section.” Env’t Def. v. Duke Energy Corp., 549

U.S. 561, 574, 127 S. Ct. 1423, 167 L. Ed. 2d 295 (2007)

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Appendix B

(quoting Atl. Cleaners & Dyers, Inc. v. United States,

286 U.S. 427, 433, 52 S. Ct. 607, 76 L. Ed. 1204 (1932)).

“Thus, the ‘natural presumption that identical words used

in different parts of the same act are intended to have the

same meaning’” is not inexorable, and it “readily yields

whenever there is such variation in the connection in

which the words are used as reasonably to warrant the

conclusion that they were employed in different parts of

the act with different intent.’” Id. (quoting Atl. Cleaners

& Dyers, Inc., 286 U.S. at 433).

Looking past the fact that the modern-day fraud

penalty differs in text from the historical analogue,

Murrin points to the Revenue Act of 1918, which includes

the same contextual limitations present in the Code today.

Section 250(b), housing the fraud penalty now codified

as § 6663(a), included various limitations that referenced

taxpayers, their actions, and intent, but § 250(d), housing

the statute-of-limitations exception now codified as

§ 6501(c)(1), did not. See Revenue Act of 1918, Pub. L. No.

65-254, § 250(b), 40 Stat. 1057, 1083 (exempting application

of fraud penalty “if the return is made in good faith and

the understatement of the amount in the return is not due

to any fault of the taxpayer” or imposing a smaller penalty

for understatements “due to negligence on the part of the

taxpayer, but without intent to defraud”). Thus, Murrin’s

emphasis on history only proves the same point reached

by reference to the Code. Congress has never limited the

scope of the statute-of-limitations exception despite doing

so in the fraud penalty.9

9. Murrin makes the same argument related to § 7454(a), which

shifts the burden of proof to the IRS when it alleges “the petitioner

[that is, the taxpayer] has been guilty of fraud with intent to evade

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Appendix B

Second, Murrin points to another provision, § 6161(b)(3),

as support for why our interpretation is incongruous with

the Code. That provision disallows extensions of time for

payments of tax when a “deficiency is due to negligence,

to intentional disregard of rules and regulations, or to

fraud with intent to evade tax.” I.R.C. § 6161(b)(3). Section

6161(b)(3) is drafted like § 6501(c)(1), meaning nothing in

§ 6161(b)(3) suggests any limitation to its application when

a third party intends to evade tax. Murrin argues that

it is absurd to think that Congress would allow a third

party to impact a taxpayer’s ability to seek an extension

of time, further establishing the unreasonableness of our

interpretation of § 6501(c)(1).

We disagree with Murrin. Section 6161(b)(3) establishes

yet another piece of evidence supporting our interpretation

of § 6501(c)(1) and the Code. Sections 6161(b)(3) and 6501

(c)(1) deal with the IRS’s receipt of accurate payments of

tax, and their provisions are not limited to a taxpayer’s

intent. Sections 6663(c), 6664(c)(1), and 7454(a) deal with

the imposition of fraud penalties on top of what taxes might

be owed, and those provisions are limited to a taxpayer’s

intent. Read together, Congress treats the payments of

tax and the imposition of penalties differently. And it

makes sense that Congress would “impose penalties on

the taxpayer only when the taxpayer intended to evade

the tax, while at the same time allowing the IRS to collect

taxes based on an understated fraudulent return at any

tax.” Murrin suggests any case involving an intent to evade tax

relates to a taxpayer. But § 7454(a) is yet another example of how

Congress meant what it said and said what it meant; were § 6501

(c)(1) limited to a taxpayer’s intent to evade tax, it could have drafted

it precisely like § 7454(a) by specifying to whom the statute applies.

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Appendix B

time.” BASR, 795 F.3d at 1360 (Prost, C.J., dissenting);

see also Asphalt Indus., Inc. v. Comm’r, 384 F.2d 229, 234

(3d Cir. 1967) (explaining that the fraud penalty under

§ 6663(a) not only gathers revenue but also operates as a

“civil sanction” that “bears a close resemblance to criminal

liability”).

C.

Precedent Likewise Supports Our View

Finally, we examine the relevant precedent. The

Supreme Court’s recent analysis of Congress’s use of

passive voice also confirms our reading of § 6501(c)(1). In

Bartenwerfer, the Supreme Court analyzed a provision of

the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), specifying

that debt is not dischargeable when money is “obtained

by . . . fraud.” 598 U.S. at 74. Because Bartenwerfer did

not know about the fraud committed by her partner,

she argued that the judgment was dischargeable in

bankruptcy. Id. at 75. Bartenwerfer reasoned that “the

statute is most naturally read to bar the discharge of debts

for money obtained by the debtor’s fraud,” as the passive

voice of the statute “hides the relevant actor in plain sight.”

Id. The Supreme Court unanimously disagreed because

the statute’s “[p]assive voice pull[ed] the actor off the

stage,” meaning that all the Bankruptcy Code required

was that “debt must result from someone’s fraud.” Id. at

75-76.

Section 6501(c)(1)’s “intent to evade tax” language

is like the “obtained by fraud” language at issue in

Bartenwerfer. Neither identifies who must intend to evade

tax or who must obtain property by fraud. But like the

language in Bartenwerfer, § 6501(c)(1) focuses on an event

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Appendix B

without regard to an actor—that is, Congress focused on

a “false or fraudulent return with the intent to evade tax”

without saying who must act. By pulling the taxpayer off

the stage, Congress made its reasoning clear. The statute

of limitations does not apply when someone intends to

evade tax in the filing of a false or fraudulent return,

taxpayer or not.10

Bartenwerfer’s analysis about the use of passive

voice in statutes also aligns with the Supreme Court’s

last opinion interpreting § 6501(c)(1). See Badaracco v.

Comm’r, 464 U.S. 386, 104 S. Ct. 756, 78 L. Ed. 2d 549

(1984). Badaracco concerned a dispute about whether the

statute of limitations is suspended under § 6501(c)(1) if an

amended non-fraudulent tax return is filed to correct a

previously filed fraudulent one. Id. at 388. Because § 6501

(c)(1) allows a tax assessment “at any time,” the Supreme

Court held that nothing in the statute’s “unqualified

language” could “be construed to suspend its operation

in the light of a fraudulent filer’s subsequent repentant

conduct.” Id. at 393. And the Supreme Court explained

that a statute of limitations like § 6501(c)(1) “must receive

10. The Supreme Court also discussed common law fraud

because while Bartenwerfer “paint[ed] a picture of liability imposed

willy-nilly on hapless bystanders,” common law fraud principles

establish that “innocent people are sometimes held liable for fraud

they did not personally commit.” Bartenwerfer, 598 U.S. at 82-83.

Murrin argues this fact makes Bartenwerfer inapposite because

“tax-return preparers are not agents” and, thus, common law fraud’s

application to this case would differ. Loving v. IRS, 742 F.3d 1013,

1017, 408 U.S. App. D.C. 281 (D.C. Cir. 2014). But even were that

true, Bartenwerfer’s more general view that a passive-voice phrase,

“on its face,” “pulls the actor off the stage” would remain. 598 U.S.

at 75. So too would our view of § 6501(c)(1).

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Appendix B

a strict construction in favor of the Government.” Id. at

391 (quoting E.I. Dupont de Nemours & Co. v. Davis, 264

U.S. 456, 462, 44 S. Ct. 364, 68 L. Ed. 788 (1924)).11 The

taxpayers’ position in Badaracco was similar to Murrin’s,

who advocates for a position unsupported by the statute’s

generally applicable language—language that we must

read in the IRS’s favor. Thus, we see nothing in the text

of § 6501(c)(1) or in case law from the Supreme Court

supporting Murrin’s preferred interpretation; instead, we

see case law supporting the opposite conclusion.

Moving past Badaracco and Bartenwerfer, Murrin

responds that we are bound to adopt her interpretation

because of this Court’s holding in Asphalt Industries, 384

F.2d at 229. But Murrin misreads Asphalt. The president of

Asphalt embezzled money and thus caused the corporation

to file false or fraudulent tax returns. Id. at 231. We held

that the president’s embezzlement was not imputed to the

corporation for purposes of § 6501(c)(1) in part because

the tax fraud was simply a “subordinate element in [the

president’s] need to conceal his embezzlement.” Id. at

235. We did not consider whether a party other than the

taxpayer could independently satisfy § 6501(c)(1). And no

one argued that the president’s embezzlement constituted

11. Murrin suggests that this Court does not construe statutes

of limitations in the IRS’s favor when the taxpayer does not act

fraudulently. Opening Br. 46 (citing Lauckner v. United States, 68

F.3d 69 (3d Cir. 1995)). We said no such thing in Lauckner, and the

next year interpreted § 6501 with reference to the Supreme Court’s

direction in Badaracco to strictly construe it in a light favorable

to the IRS. Bachner v. Comm’r, 81 F.3d 1274, 1279 (3d Cir. 1996).

And regardless, strict construction or not, Murrin’s argument runs

counter to § 6501(c)(1)’s text and context.

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an intent to evade tax owed by Asphalt. Instead, we

assumed “for present purposes” that “the meaning of

fraud” is the same under both § 6501(c)(1) and § 6663(a)

and held that the record was insufficient for § 6501(c)(1)

to apply. Id. at 232. Thus, Asphalt does not answer the

interpretive question before the Court today.

Murrin argues that affirming the Tax Court would

“reject[] 100 years of tax jurisprudence,” but that is not

so. Opening Br. 2. As Murrin explains, it appears that

the IRS first opined that § 6501(c)(1) applies in situations

other than where a taxpayer intended to evade tax in 2001.

IRS Field Service Advisory 200126019, 2001 WL 729653

(issued June 29, 2001). The Tax Court then held that

§ 6501(c)(1) applied in situations beyond when a taxpayer

intends to evade tax. See Allen v. Comm’r, 128 T.C. 37

(2007) (applying § 6501(c)(1) because of a tax preparer’s

intent to evade tax). Following Allen, the Tax Court has

applied § 6501(c)(1) in the context of a non-taxpayer’s intent

on several occasions, including on returns prepared by the

same tax preparer Murrin used. See Finnegan v. Comm’r,

T.C.M. (RIA) 2016-118, at *7-9 (2016) (finding Howell’s

intent to evade tax rendered § 6501(c)(1) applicable); see

also Ames-Mechelke v. Comm’r, 106 T.C.M. (CCH) 77,

at *7 (2013) (finding § 6501(c)(1) applied because of a tax

preparer). Our holding today therefore does not reject a

century’s worth of tax jurisprudence; instead, we continue

the well-trod ground laid by the Tax Court.

We do acknowledge, however, that our holding today

departs from the Federal Circuit’s opinion that the IRS

is limited “to the three-year limitations period unless the

taxpayer possessed the intent to evade tax.” BASR, 795

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Appendix B

F.3d at 1350 (majority opinion).12 The Federal Circuit, in a

decision predating Bartenwerfer, reached this conclusion

because it found the statute’s text revealed little and

instead relied heavily on context, congressional intent,

and legislative history. See, e.g., id. at 1343-45. Because we

find that § 6501(c)(1)’s text and statutory context include

no requirement that an “intent to evade tax” must come

from a taxpayer, we respectfully part ways. Accord id. at

1358 (Prost, C.J., dissenting) (“[T]he obvious construction

of the statutory text is that the intent to evade tax must

be present in a false or fraudulent return, irrespective of

who possesses that intent.”).

12. Murrin contends that the Fifth Circuit in Payne v. Comm’r,

224 F.3d 415 (5th Cir. 2000), came to the same view as the Federal

Circuit. The Fifth Circuit, in an appeal about whether the Tax

Court properly found that a taxpayer intended to evade tax under

§ 6501(c)(1), described how the IRS had to show evidence “from

which fraudulent intent on the part of the taxpayer can be properly

inferred.” Id. at 421 (emphasis omitted). The Fifth Circuit described

the case in those terms because the actor at issue was the taxpayer.

But nowhere did that court discern the meaning and scope of § 6501

(c)(1) for a third party’s actions.

The only other Circuit that confronted this issue aligns with our

view. City Wide Transit, Inc. v. Comm’r, 709 F.3d 102 (2d Cir. 2013).

The Second Circuit, citing the Tax Court’s post-Allen precedent,

stated: “we conclude that the limitations period for assessing [the

taxpayer’s] taxes is extended if the taxes were understated due

to fraud of the preparer.” Id. at 107. But the Second Circuit then

explained how the issue before it was a “narrow” one because

the taxpayer conceded that if the tax preparer filed taxes with an

intent to evade, § 6501(c)(1) applied. As a result, while City Wide

Transit appears to bolster our view, we are uncertain whether the

Second Circuit’s statement concerning § 6501(c)(1) is cabined to the

taxpayers’ concessions on appeal and, thus, do not rely on it.

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*****

Murrin faces financial pain. Murrin owes $65,318

in underpayments of tax, $13,064 in accuracy-related

penalties, and an estimated $250,000 in interest.13 All

date to tax returns from decades ago. Murrin finds this

patently unfair because her tax preparer caused the

underpayments of tax. We understand her perspective.

But we are bound to “consider . . . whether the policy

[Murrin] favor[s] is that which Congress effectuated by

its enactment of § 6501.” Badaracco, 464 U.S. at 398.

And while Congress has limited imposing fraud penalties

against a taxpayer without a taxpayer’s intent, § 6501(c)(1)’s

text, context, and precedent establish that Congress was

agnostic about whether the taxpayer intended to evade

tax for purposes of the IRS’s full and accurate assessment

of taxes.

IV. CONCLUSION

For the reasons discussed above, we will affirm the

judgment of the Tax Court.

13. We emphasize that Murrin’s accuracy-related penalties

and interest on the deficiencies are not before us because Murrin

stipulated to the IRS’s proper determination of both. But in the

proper case, even if the statute-of-limitations exception in § 6501(c)(1)

aapplies, taxpayers are free to challenge accuracy-related penalties

and interest. See, e.g., I.R.C. § 6664(c)(1) (rendering the accuracyrelated penalty and fraud penalty inapplicable when the taxpayer had

a “reasonable cause” for the tax position and “acted in good faith”).

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C

APPENDIX C — Appendix

MEMORANDUM

OPINION

OF THE UNITED STATES TAX COURT,

FILED JANUARY 24, 2024

UNITED STATES TAX COURT

T.C. Memo. 2024-10

STEPHANIE MURRIN,

Petitioner,

v.

COMMISSIONER OF INTERNAL REVENUE,

Respondent.

Docket No. 14614-19.

Filed January 24, 2024.

MEMORANDUM OPINION

URDA, Judge: The Internal Revenue Service (IRS)

generally has three years from the filing of a federal

income tax return to assess tax. This temporal limit

disappears, however, when the IRS is faced with “a false

or fraudulent return with the intent to evade tax.” I.R.C.

§ 6501(c).1 In 2019 the IRS issued a notice of deficiency to

petitioner, Stephanie Murrin, with respect to returns she

1. Unless otherwise indicated, statutory references are to

the Internal Revenue Code, Title 26 U.S.C. (I.R.C. or Code), in

effect at all relevant times, and Rule references are to the Tax

Court Rules of Practice and Procedure. We round all monetary

values to the nearest dollar.

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and her then husband had filed, many years earlier, for

their 1993–99 tax years. Although the Murrins did not

intend to evade tax, their tax return preparer did, and,

to that end, he put false or fraudulent information on the

Murrins’ returns.

The sole question before the Court is the same one

we decided in Allen v. Commissioner, 128 T.C. 37 (2007):

whether section 6501(c) applies only where a taxpayer

herself has filed a false or fraudulent return with the intent

to evade tax. The Code contains no such limitation, and

we will adhere to our precedent.

Background

The parties submitted this case for decision without

trial under Rule 122 and have stipulated all material facts.

Ms. Murrin lived in New Jersey when she timely filed her

petition.

For tax years 1993 through 1999 (the years at issue),

the Murrins relied on a tax return preparer, Duane Howell,

to prepare their joint federal income tax returns, as well as

returns for two partnerships in which Ms. Murrin was a

general partner. Unbeknownst to the Murrins, Mr. Howell

placed false or fraudulent entries on those returns with

the intent to evade tax. The Murrins themselves did not

put any false or fraudulent information on their returns,

nor did they intend to evade tax.

The Murrins timely filed their 1993–99 tax returns.

The IRS did not discover Mr. Howell’s fraudulent entries

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until well after the expiration of the three-year period of

limitations to assess tax set forth in section 6501(a). In

2019 the IRS nonetheless issued a notice of deficiency to

the Murrins for the years at issue, premised on the fraud

exception to the three-year limitation embodied in section

6501(c). The notice determined deficiencies and accuracyrelated penalties under section 6662 against the Murrins

for all of the years in issue.

Discussion

I.

Burden of Proof

The parties submitted this case for decision without

trial under Rule 122(a). The fact that a case has been

submitted under Rule 122(a) “does not alter the burden

of proof, or the requirements otherwise applicable with

respect to adducing proof, or the effect of failure of proof.”

Rule 122(b).

In this case the Commissioner bears the burden of

proof under Rule 142(b), which places the burden on him

“[i]n any case involving the issue of fraud with intent to

evade tax.” The placement of the burden has no practical

effect here, however. The parties have stipulated that Mr.

Howell committed fraud with the intent to evade tax, and

our resolution thus turns not on the proof before us but

on the scope of section 6501(c).

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II. Limitation on Assessment

A.

Introduction

Section 6501(a) generally provides that “the amount

of any tax imposed by this title shall be assessed within

3 years after the return was filed.” Section 6501(c) lays

out several exceptions to this general limitation, including

“[i]n the case of a false or fraudulent return with the intent

to evade tax.” I.R.C. § 6501(c)(1). In that instance “the tax

may be assessed . . . at any time.” Id. We have previously

held in a precedential opinion that the section 6501(c)(1)

exception to the statute of limitation encompasses the case

where a tax return preparer prepares a false or fraudulent

return with the intent to evade tax. Allen, 128 T.C. at 42;

see also Finnegan v. Commissioner, T.C. Memo. 2016-118,

aff’d, 926 F.3d 1261 (11th Cir. 2019); 2 Ames-Mechelke v.

Commissioner, T.C. Memo. 2013-176, at *14; Eriksen v.

Commissioner, T.C. Memo. 2012- 194, 2012 WL 2865875,

at *7; Browning v. Commissioner, T.C. Memo. 2011-261,

2011 WL 5289636, at *13 n.14; cf. City Wide Transit, Inc.

v. Commissioner, 709 F.3d 102, 107–08 (2d Cir. 2013), rev’g

on other grounds T.C. Memo. 2011-279, 2011 WL 5884981.

Ms. Murrin argues that Allen was wrongly decided

and asks us to reconsider our decision and hold in the

alternative that section 6501(c) encompasses solely

2. The U.S. Court of Appeals for the Eleventh Circuit decided

that appellants in Finnegan had waived their challenge to Allen

and declined to exercise its discretion to consider that argument.

Finnegan v. Commissioner, 926 F.3d at 1270.

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taxpayer fraud. As an initial matter, the doctrine of stare

decisis counsels us to “follow the holding of a previously

decided case, absent special justification.” Sec. State

Bank v. Commissioner, 111 T.C. 210, 213 (1998), aff’d,

214 F.3d 1254 (10th Cir. 2000). Stare decisis “promotes

the evenhanded, predictable, and consistent development

of legal principles, fosters reliance on judicial decisions,

and contributes to the actual and perceived integrity of

the judicial process.” Hesselink v. Commissioner, 97 T.C.

94, 99 (1991) (quoting Payne v. Tennessee, 501 U.S. 808,

827 (1991)).

In cases of statutory construction, stare decisis has

“‘special force,’ for ‘Congress remains free to alter what

[courts] have done.’” John R. Sand & Gravel Co. v. United

States, 552 U.S. 130, 139 (2008) (quoting Patterson v.

McLean Credit Union, 491 U.S. 164, 172–73 (1989)).

This generally obviates our need to revisit or repeat the

statutory analysis that led us to a prior decision, absent

special justification. See Midland Fin. Co. & Subs. v.

Commissioner, T.C. Memo. 2001-203, 2001 WL 868626,

at *3.

Ms. Murrin counters that this case features the type

of special justification that supports revisiting precedent,

namely a decision of the U.S. Court of Appeals for the

Federal Circuit disagreeing with our holding in Allen.

See BASR P’ship v. United States, 795 F.3d 1338, 1342

(Fed. Cir. 2015). We have previously declined to revisit our

precedent in light of the Federal Circuit’s opinion, noting

that each of the judges on the panel wrote separately and

that “it is unclear . . . which interpretation of sect[ion]

6501(c)(1) would prevail.” Finnegan, T.C. Memo. 2016-

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118, at *18 n.6. Laying out the scorecard: (1) the author

of the majority opinion concluded that section 6501(c)(1)

“suspends the three-year limitations period only when the

IRS establishes that the taxpayer acted with the intent

to evade tax,” BASR, 795 F.3d at 1342; (2) the author of

the concurring opinion reasoned that “it is the taxpayer

(or possibly his authorized agent) who must have the

requisite ‘intent to evade tax,’” id. at 1351 (O’Malley, J.,

concurring); and (3) the author of the dissenting opinion

agreed with our holding in Allen, id. at 1357–61 (Prost,

C.J., dissenting).

The Federal Circuit’s position on the precise point

before us is not clear. We further note that “there is no

jurisdiction for appeal of any decision of the Tax Court

to the [Federal Circuit]” in any event. Finnegan, T.C.

Memo. 2016-118, at *18 n.6; see I.R.C. § 7482(a)(1). Stare

decisis principles thus would seem to weigh against our

reconsideration of our precedent in light of BASR. 3

B. Analysis

Even if we were to conclude that stare decisis weighed

in favor of reconsideration of Allen, we would reach the

same result. As an initial matter, “limitations statutes

3. Ms. Murrin suggests on reply that the Commissioner

bears the burden of persuading the Court that Allen should

be followed. To the contrary, “every successful proponent of

overruling precedent has borne the heavy burden of persuading

the Court that changes in society or in the law dictate that the

values served by stare decisis yield in favor of a greater objective.”

Vasquez v. Hillery, 474 U.S. 254, 266 (1986); AHG Invs., LLC v.

Commissioner, 140 T.C. 73, 83 (2013).

48a

Appendix C

barring the collection of taxes otherwise due and unpaid

are strictly construed in favor of the Government.”

Badaracco v. Commissioner, 464 U.S. 386, 392 (1984)

(quoting Lucia v. United States, 474 F.2d 565, 570 (5th

Cir. 1973)) (addressing I.R.C. § 6501(c)(1)).4 “Our task is to

give effect to the will of Congress, and where Congress’s

will has been expressed in language that has a reasonably

plain meaning, that language must ordinarily be regarded

as conclusive.” Byrd v. Shannon, 715 F.3d 117, 122 (3d Cir.

2013); see also United States v. Ron Pair Enters., Inc.,

489 U.S. 235, 241 (1989). “The plainness or ambiguity

of statutory language is determined by reference to the

language itself, the specific context in which that language

is used, and the broader context of the statute as a whole.”

Robinson v. Shell Oil Co., 519 U.S. 337, 341 (1997). We will

discuss each aspect in turn.

4. Ms. Murrin argues that the presumption of strict

construction of collection limitation statutes should be limited to

cases in which the taxpayer committed fraud, as was the case in

Badaracco. The cases cited in Badaracco make clear that this

presumption comes from “the established general rule [that] a

statute of limitation runs against the United States only when

they assent and upon the conditions prescribed.” Lucas v. Pilliod

Lumber Co., 281 U.S. 245, 249 (1930) (emphasis added); see also E. I.

Du Pont de Nemours & Co. v. Davis, 264 U.S. 456, 462 (1924) (“[A]n

action on behalf of the United States in its governmental capacity

. . . is subject to no time limitation, in the absence of congressional

enactment clearly imposing it.” (Emphasis added.)). The identity

of the perpetrator of the fraud thus is irrelevant for the operation

of the presumption. We likewise reject Ms. Murrin’s assertion that

this presumption does not operate in the context of an exception

to a statute of limitation as the Supreme Court in Badaracco was

interpreting section 6501(c)(1), the same provision at issue here.

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Appendix C

1.

Section 6501(c)(1)

Our analysis begins, as always, with the text of the

relevant statutory provision. Ross v. Blake, 578 U.S. 632,

638 (2016); see also Doe I v. Scalia, 58 F.4th 708, 715

(3d Cir. 2023); Lawrence v. City of Phila., 527 F.3d 299,

316–17 (3d Cir. 2008). Section 6501(c)(1) provides that “[i]n

the case of a false or fraudulent return with the intent

to evade tax, the tax may be assessed, or a proceeding

in court for collection of such tax may be begun without

assessment, at any time.”

By its own terms, this provision does not restrict its

application to cases where taxpayers personally had the

intent to evade tax. See Allen, 128 T.C. at 40 (“Nothing in

the plain meaning of the statute suggests the limitations

period is extended only in the case of the taxpayer’s

fraud.”). Instead, Congress showed itself agnostic as to

who had to have the intent to evade tax, choosing to “key[]

the extension [of the limitation period] to the fraudulent

nature of the return” rather than tie it to the taxpayer’s

intent. Id. “[T]he obvious construction of the statutory text

is that the intent to evade tax must be present in a false

or fraudulent return, irrespective of who possesses that

intent.” BASR, 795 F.3d at 1359 (Prost, C.J., dissenting).

The Supreme Court recently endorsed a similar

interpretative path in the context of a Bankruptcy

Code provision that featured an “actor off the stage.”

Bartenwerfer v. Buckley, 598 U.S. 69, 75 (2023). In that

case, Congress wrote the relevant provision in the passive

voice and thus, as here, did not specify a particular

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Appendix C

actor. Id. at 74–76. The Supreme Court explained that

Congress had “framed [the provision at issue] to ‘focu[s]

on an event that occurs without respect to a specific actor,

and therefore without respect to any actor’s intent or

culpability.’” Id. at 75–76 (quoting Dean v. United States,

556 U.S. 568, 572 (2009)). Section 6501(c)(1), which focuses

on the return and not the intent of a particular actor,

compels the same result here.

Ms. Murrin responds with a textual argument of her

own. Noting that the text identifies the tax and return at

issue as belonging to the taxpayer, she contends that the

intent to evade must also come from the taxpayer. This

conclusion does not follow. The specification of whose tax

or return is at issue does not suggest, much less dictate,

who had to intend to evade tax. Cf. BASR, 795 F.3d at

1343 n.4 (rejecting the argument that the definition of

return “renders the meaning of § 6501(c)(1) clear and

unambiguous”).

In summary, section 6501(c)(1) applies “[i]n the case of

a false or fraudulent return with the intent to evade tax,”

with no additional qualification. The provision contains

no requirement that the intent to evade belong to the

taxpayer, see Bartenwerfer, 598 U.S. at 75–76, and we

will not import a restriction that Congress saw fit not to

impose, see, e.g., Conn. Nat’l Bank v. Germain, 503 U.S.

249, 253–54 (1992).

2.

Broader Statutory Context

Nor does the broader statutory context compel a

different interpretation. Like the Federal Circuit, Ms.

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Murrin argues that certain other Code provisions related

to fraud (sections 6663, 7454(a), and 6161(b)(3)) weigh in

favor of attaching a taxpayer-specific limitation to the

intent requirement of section 6501(c)(1). We disagree.

These Code provisions “reveal[] only that Congress

knows how to explicitly limit the intent to evade tax

to the taxpayer,” BASR, 795 F.3d at 1359 (Prost, C.J.,

dissenting), and chose not to do so here.

a.

Section 6663

We first consider section 6663(a), which imposes a

penalty “[i]f any part of any underpayment of tax required

to be shown on a return is due to fraud.” That provision,

like section 6501(c)(1), has its roots in the Revenue Act

of 1918, ch. 18, 40 Stat. 1057, and contains no reference

to the taxpayer. Ms. Murrin points out that the penalty

nonetheless has been interpreted to encompass only fraud

attributable to a particular taxpayer and concludes that

a similar limitation should obtain here.

Section 6663(a) itself must be understood in the proper

context, which demonstrates that it applies to a specific,

culpable taxpayer. From its introduction in 1918, this

penalty has been accompanied by a reasonable cause and

good faith exception currently embodied in section 6664

(c)(1), which provides that “[n]o penalty shall be imposed

under section . . . 6663 . . . if it is shown that there was a

reasonable cause . . . and that the taxpayer acted in good

faith.” (Emphasis added.) Evidence that the fraud penalty

applies exclusively to taxpayer fraud is furthered by

section 6663(c), which limits the penalty in cases of joint

returns to those who actually committed fraud. Although

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Appendix C

section 6663(a) does not explicitly speak in taxpayerspecific terms, the statutory context elucidates that the

penalty applies only to a particular taxpayer. Similar

context fails to suggest that the exception to the statute

of limitation in section 6501(c)(1) must be similarly limited.

This point is brought into starker relief when

considering the history of these provisions. Section 250(b)

of the Revenue Act of 1918, 40 Stat. at 1083, which housed

the original version of the section 6663(a) fraud penalty,

provides:

If the amount already paid is less than that

which should have been paid, the difference

shall . . . be paid upon notice and demand . . . .

In such case if the return is made in good faith

and the understatement of the amount in the

return is not due to any fault of the taxpayer,

there shall be no penalty because of such

understatement. If the understatement is due

to negligence on the part of the taxpayer, but

without intent to defraud, there shall be added

as part of the tax 5 per centum of the total

amount of the deficiency . . . .

If the understatement is false or fraudulent

with intent to evade the tax, then . . . there shall

be added as part of the tax 50 per centum of the

amount of the deficiency.

(Emphasis added.) Although the fraud penalty portion

of that section did not speak in terms of the culpability

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Appendix C

of a particular taxpayer, it did not need to: the provision

as a whole made clear that the penalties and exceptions

described therein applied to a particular taxpayer.

Section 250(d) of the Revenue Act of 1918, 40 Stat.

at 1083, which embodied the first incarnation of section

6501(c)(1), contains no similar markers. Worded almost

identically to the current version, it simply provides that

“[e]xcept in the case of false or fraudulent returns with

intent to evade the tax, the amount of tax due under

any return shall be determined and assessed by the

Commissioner within five years.” Thus, nothing in the text

of section 250(d) offers support for adding the requirement

pellucid in section 250(b). 5

Ms. Murrin suggests that these provisions, which were

originally two houses down from each other in the Revenue

Act of 1918, should be read in pari materia considering

their placement and the common subject matter of

fraud. “The Supreme Court has recognized, however,

that identical terms or phrases used in the Code need

not be interpreted to have the same meaning where the

sections in which they are found serve different legislative

purposes.” Yarish v. Commissioner, 139 T.C. 290, 297

(2012) (citing Don E. Williams Co. v. Commissioner, 429

U.S. 569, 580–82 (1977)); see also 2B Norman J. Singer &

5. The parties joust over the meaning of a failed 1934

amendment, and a senator’s description of that amendment in

passing. We attach no weight to their discussion given the plain

text and the established history of this provision. Cent. Bank of

Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S.

164, 187 (1994).

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Appendix C

J.D. Shambie Singer, Sutherland Statutory Construction

§ 51:3, at 222–28 (7th ed. 2012) (“Characterization of the

object or purpose is more important than characterization

of the subject matter to determine whether different

statutes are closely enough related to justify interpreting

one in light of the other.”). Although both section 6501

(c)(1) and section 6663 deal with fraud, their purposes are

vastly different and account for the different treatment.

The purpose of the former is to provide unlimited time

to the Commissioner to assess the correct tax liability in

the case of a false or fraudulent return “because of the

special disadvantage to the Commissioner in investigating

these types of returns.” Allen, 128 T.C. at 40; see also

Badaracco v. Commissioner, 464 U.S. at 398; BASR,

795 F.3d at 1361 (Prost, C.J., dissenting); City Wide

Transit, Inc. v. Commissioner, 709 F.3d at 107; Ballard

v. Commissioner, 740 F.2d 659, 663 (8th Cir. 1984) (“The

lifting of the normal statute of limitations addresses the

difficulties which sometimes arise in the discovery of

deficiencies by virtue of taxpayer fraud . . . .”), aff’g in part,

rev’g in part T.C. Memo. 1982-466. Fraud—by whoever

committed—places the tax collector in a “disadvantageous

position” vis-à-vis the determination of a taxpayer’s

correct tax liability. Badaracco v. Commissioner, 464

U.S. at 398. “[F]raud cases ordinarily are more difficult

to investigate than cases marked for routine tax audits.

Where fraud has been practiced, there is a distinct

possibility that the taxpayer’s underlying records will

have been falsified or even destroyed.” Id. “Thus, the

lack of a statute of limitations for fraudulent returns

with intent to evade tax in § 6501(c)(1) (and § 250(d))

reasonably compensates the government for the unique

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difficulty involved in discovering fraud and determining

the taxpayer’s true tax liability.” BASR, 795 F.3d at 1361

(Prost, C.J. dissenting).

Section 6663(a) serves a markedly different purpose,

which is tied to the culpability of a particular taxpayer.

“The fraud penalty is a civil sanction provided primarily

as a safeguard for the protection of the revenue and to

reimburse the Government for the heavy expense of

investigation and the loss resulting from a taxpayer’s

fraud.” Bell Cap. Mgmt., Inc. v. Commissioner, T.C.

Memo. 2021-74, at *18; see Helvering v. Mitchell, 303 U.S.

391, 401 (1938); cf. Asphalt Indus., Inc. v. Commissioner,

384 F.2d 229, 234–35 (3d Cir. 1967) (explaining that

Congress intends section 6663(a) “to punish and deter

wrongful conduct”), rev’g 46 T.C. 622 (1966). “Given that

the taxpayer must pay any tax penalty, Congress may

reasonably only intend to penalize the taxpayer when the

taxpayer is culpable.” BASR, 795 F.3d at 1360–61 (Prost,

C.J. dissenting).

The broader statutory context reflects these divergent

purposes, showing that the exception is tied to a false or

fraudulent return with the intent to evade, not a particular

person, while the penalty is taxpayer specific. The two

statutes are not in pari materia, and the fraud penalty

does not inform the reading of the exception.

b.

Section 7454(a)

We are similarly unpersuaded by Ms. Murrin’s

contention that section 7454(a) justifies restricting section

6501(c)(1) to cases where taxpayers themselves intended

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to evade tax. Section 7454(a) provides that “[i]n any

proceeding involving the issue whether the petitioner has

been guilty of fraud with intent to evade tax, the burden of

proof in respect of such issue shall be upon the Secretary.”

According to Ms. Murrin, section 7454(a) “indicates

that, when pursuing fraudulent conduct, Congress

considered the fraudulent intent of only the taxpayer, not

of a third party who advised or assisted the taxpayer.”

We draw a different conclusion. In section 7454(a)

Congress’s decision to explicitly limit the intent to evade

tax to a taxpayer’s own intent belies the notion that

such a limitation attaches to other sections of the Code

pertaining to fraudulent conduct or the intent to evade tax.

“Without such express limitation, the intent to evade tax

encompasses others who cause a return to be fraudulent.”

BASR, 795 F.3d at 1359 (Prost, C.J., dissenting).

The inclusion of this language carries another lesson.

“[W]here Congress includes particular language in one

section of a statute but omits it in another section of the

same Act, it is generally presumed that Congress acts

intentionally and purposely in the disparate inclusion

or exclusion.” Dean, 556 U.S. at 573 (quoting Russello

v. United States, 464 U.S. 16, 23 (1983)). Section 7454(a)

“demonstrates that Congress only limits the intent to evade

tax to the taxpayer’s intent in specific circumstances.”

BASR, 795 F.3d at 1359 (Prost, C.J., dissenting). It did not

do so here, and absent more, we must respect Congress’s

decision.

Following the lead of the majority in BASR, Ms.

Murrin attempts to save her argument by pointing to

57a

Appendix C

legislative history which states that “the [C]ommissioner

should be placed in the position of party plaintiff and

compelled to carry the burden of proving fraud whenever

it is an issue in the case.” S. Rep. No. 70-960, at 38 (1928),

as reprinted in 1939- 1 C.B. (Part 2) 409, 435–36; see also

BASR, 795 F.3d at 1344. According to Ms. Murrin, this

Senate report supports the conclusion that, “‘whenever

[fraud] is an issue in the case,’ it was fraud by the taxpayer,

not by anyone else, that Congress sought to police.” BASR,

795 F.3d at 1345.

“But legislative history is not the law.” Epic Sys.

Corp. v. Lewis, 584 U.S. 497, 523 (2018). And we do not

believe that resorting to legislative history is called for

here given the unambiguous nature of the text of sections

7454(a) and 6501(c)(1). See, e.g., Milner v. Dep’t of Navy,

562 U.S. 562, 572 (2011).

Even if we were to consider the Senate report, it does

not suggest that Congress thought that any reference to

fraud carries with it the implicit limitation to a specific

taxpayer. The legislative history shows that Congress

was responding to a particular problem seen in Board of

Tax Appeals cases where the “deficiency letter raises the

issue that the [taxpayer] has been guilty of fraud.” 1939-1

C.B. (Part 2) at 435. The legislative history observed that

“[p]roceedings before the [Board of Tax Appeals] involving

that issue in some respects resemble penal suits.” Id.

Congress responded to this specific problem by enacting

section 7454(a). “This concern does not apply if another’s

alleged intent to evade tax is at issue,” BASR, 795 F.3d at

1359 (Prost, C.J., dissenting), and the legislative history

58a

Appendix C

thus cannot carry the weight that Ms. Murrin seeks to

put on it.

c.

Section 6161(b)(3)

We find unconvincing Ms. Murrin’s argument that

interpreting section 6501(c)(1) to mean what it says would

undermine section 6161(b)(3). That provision prohibits the

IRS from granting an extension to pay a tax deficiency

when it is “due to negligence, to intentional disregard of

rules and regulations, or to fraud with intent to evade

tax.” I.R.C. § 6161(b)(3). Ms. Murrin points out that

unless “fraud with intent to evade tax” is restricted to

a taxpayer’s personal intent, “a taxpayer’s eligibility for

relief under section 6161(b) could be conditioned on the act

of some third party.” As we explained when interpreting

the same phrase in the context of section 6501(c)(1),

see supra Part II.B.1., we simply have no grounds for

reading in an additional, unstated restriction to qualify

the wording Congress adopted.

3.

Remaining Arguments

Ms. Murrin also asserts that the interpretation

adopted by this Court in Allen is inconsistent with several

decisions of this Court and other courts, which concluded

that section 6501(c)(1) did not apply to third parties who

were unrelated to the preparation and filing of the return.

See BASR, 795 F.3d at 1347 (“There are no allegations

that [the taxpayer], or even its accountant, knew or should

have known that the tax return was false or incorrect

. . . .”); Asphalt Indus., Inc., v. Commissioner, 384 F.2d at

59a

Appendix C

230; Botwinik Bros. of Mass., Inc. v. Commissioner, 39

T.C. 988, 990–91 (1963); see also City Wide Transit, Inc.

v. Commissioner, 709 F.3d at 108 (observing that the tax

return preparer who intended to evade taxes “was not

a third party unrelated to the preparation and filing of

the returns”). These cases are inapposite as they do not

address the applicability of section 6501(c)(1) to a person

who filed or prepared false or fraudulent returns with the

intent to evade tax, as did Mr. Howell, the Murrins’ tax

return preparer. 6

Our interpretation nonetheless accommodates the

results in each. Section 6501(c)(1) is triggered by (1) a

false or fraudulent return (2) with the intent to evade tax.

The combination of a return with the intent requirement

circumscribes the pool of actors whose intent might matter

to those who had a hand in the preparation or filing of a tax

return. I.R.C. § 6501(c)(1); accord BASR, 795 F.3d at 1343

(“A fraud is only committed via submission of a document

when a person acting with an intent to defraud makes a

false entry on that document.”). The decisions cited by Ms.

6. Ms. Murrin attempts to manufacture a conflict between

Allen and the opinion of the U.S. Court of Appeals for the D.C.

Circuit in Loving v. IRS, 742 F.3d 1013, 1017 (D.C. Cir. 2014),

suggesting that Allen conflicted with the D.C. Circuit’s observation

that “tax-return preparers are not agents.” The conclusion in

Allen, however, did not stem from agency principles, but from the

plain text of the Code, and in no way implicates the D.C. Circuit’s

opinion. We likewise reject Ms. Murrin’s reliance on United

States v. Boyle, 469 U.S. 241 (1985). The fact that a taxpayer has a

nondelegable duty to file a return does not support the conclusion

that a taxpayer must intend to evade tax for section 6501(c)(1) to

apply.

60a

Appendix C

Murrin each involved fraud perpetrated by third parties

distant from the filing and preparation of the return, and

thus section 6501(c)(1) did not apply. See BASR, 795 F.3d

at 1343; Asphalt Indus. v. Commissioner, 384 F.2d at 230;

Botwinik, 39 T.C. at 990–91.7

Finally, we are unpersuaded that the decision of the

U.S. Court of Appeals for the Fifth Circuit in Payne v.

Commissioner, 224 F.3d 415, 420–21 (5th Cir. 2000), rev’g

T.C. Memo. 1998-227, has any relevance here, much less

“[s]upports the [c]onclusion [t]hat [f]raudulent [i]ntent [i]s

[d]etermined by [r]eference to the [t]axpayer’s [i]ntent.” In

that case, the Fifth Circuit addressed whether evidence

introduced by the Commissioner in the Tax Court sufficed

to meet his burden of proof with respect to section 6501

(c)(1). Payne v. Commissioner, 224 F.3d at 421. Although

the Fifth Circuit’s analysis centered on the taxpayer

before it, the court did not suggest that only a taxpayer’s

intent to evade can trigger section 6501(c)(1), a question

plainly not before that court. 8

7. Each of our post-Allen decisions has similarly involved

the conduct and intent of the person or persons who actually

prepared the false or fraudulent returns at issue. See Finnegan,

T.C. Memo. 2016-118, at *17–27 (applying the fraud exception

in the case of tax-preparer fraud); Ames-Mechelke, T.C. Memo.

2013-176, at *19–21 (same); Eriksen v. Commissioner, 2012 WL

2865825, at *12 (same); City Wide Transit, Inc. v. Commissioner,

2011 WL 5884981, at *6 (same); Browning v. Commissioner, 2011

WL 5289636, at *16 (same).

8. In her reply brief, Ms. Murrin raises for the first time that

certain IRS Field Service Advice Memoranda interpreting section

6501(c)(1) violated the Administrative Procedure Act (APA). We

61a

Appendix C

III. Conclusion

We have concluded that no special justification exists

warranting our reversal of Allen. Mr. Howell’s preparation

of false or fraudulent returns with the intent to evade tax

is sufficient to trigger the indefinite period of limitation to

assess tax. The Commissioner’s deficiency determinations

are timely.

To reflect the foregoing,

Decision will be entered for respondent.

generally deem issues raised for the first time on reply as waived

or conceded. See, e.g., Levert v. Commissioner, T.C. Memo. 1989333, 57 T.C.M. (CCH) 910, 917–18 (deeming an issue conceded when

party did not raise it in his opening brief), aff’d without published

opinion, 956 F.2d 264 (5th Cir. 1992); cf. Thomas v. Roach, 165

F.3d 137, 145–46 (2d Cir. 1999) (holding argument first raised in

reply brief waived). Even if we were to consider this issue, Ms.

Murrin fails to show that such non-precedential Field Service

Advice Memoranda constitute rulemaking under the APA.

62a

Appendix D OF REHEARING/

APPENDIX D — GRANTING

DENIAL OF REHEARING EN BANC OF THE

UNITED STATES COURT OF APPEALS FOR THE

THIRD CIRCUIT, FILED OCTOBER 17, 2025

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 24-2037

STEPHANIE MURRIN,

Appellant,

v.

COMMISSIONER OF INTERNAL REVENUE

(U.S. Tax Court No. 19-14614)

SUR PETITION FOR REHEARING

Present: CHAGARES, Chief Judge, HARDIMAN,

SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER,

MATEY, PHIPPS, FREEMAN, MONTGOMERYREEVES, CHUNG, and BOVE, Circuit Judges.

The petition for rehearing filed by Appellant in

the above-entitled case having been submitted to the

judges who participated in the decision of this Court, it

is hereby ORDERED that the petition for rehearing by

the panel is GRANTED. The Clerk is directed to file the

amended opinion contemporaneously with this order. As

the revisions do not affect the disposition of the appeal,

the judgment will remain as filed.

63a

Appendix D

A majority of the judges of the circuit in regular

service not having voted for rehearing, the petition for

rehearing by the Court en banc is DENIED.

BY THE COURT,

s/ Tamika R. Montgomery-Reeves

Circuit Judge

Dated: October 17, 2025

64a

Appendix E

APPENDIX E – STATUTORY PROVISIONS

26 U.S.C. § 6201 – Assessment authority

(a) Authority of Secretary

The Secretary is authorized and required to make

the inquiries, determinations, and assessments of all

taxes (including interest, additional amounts,

additions to the tax, and assessable penalties) imposed

by this title, or accruing under any former internal

revenue law, which have not been duly paid by stamp

at the time and in the manner provided by law.

26 U.S.C. § 6501 – Limitations on assessment and

collection

(a) General rule

Except as otherwise provided in this section, the

amount of any tax imposed by this title shall be

assessed within 3 years after the return was filed

(whether or not such return was filed on or after the

date prescribed) …, and no proceeding in court without

assessment for the collection of such tax shall be begun

after the expiration of such period. For purposes of

this chapter, the term “return” means the return

required to be filed by the taxpayer (and does not

include a return of any person from whom the

taxpayer has received an item of income, gain, loss,

deduction, or credit).

...

1

65a

Appendix E

(c) Exceptions

(1) False return

In the case of a false or fraudulent return with the

intent to evade tax, the tax may be assessed, or a

proceeding in court for collection of such tax may be

begun without assessment, at any time . . .

(e) Substantial omission of items

Except as otherwise provided in subsection (c)—

(1) Income taxes

In the case of any tax imposed by subtitle A—

(A) General rule

If the taxpayer omits from gross income an amount

properly includible therein and—

(i) such amount is in excess of 25 percent of the

amount of gross income stated in the return, or

(ii) such amount—

(I) is attributable to one or more assets with

respect to which information is required to be reported

under section 6038D (or would be so required if such

section were applied without regard to the dollar

threshold specified in subsection (a) thereof and

without regard to any exceptions provided pursuant to

subsection (h)(1) thereof), and

(II)is in excess of $5,000, the tax may be assessed,

or a proceeding in court for collection of such tax may

2

66a

Appendix E

be begun without assessment, at any time within 6

years after the return was filed.

26 U.S.C. § 6663 – Imposition of Fraud Penalty

(a) Imposition of penalty

If any part of any underpayment of tax required to

be shown on a return is due to fraud, there shall be

added to the tax an amount equal to 75 percent of the

portion of the underpayment which is attributable to

fraud.

(b) Determination of portion attributable to

fraud

If the Secretary establishes that any portion of an

underpayment is attributable to fraud, the entire

underpayment shall be treated as attributable to

fraud, except with respect to any portion of the

underpayment which the taxpayer establishes (by a

preponderance of the evidence) is not attributable to

fraud.

(c) Special rule for joint returns

In the case of a joint return, this section shall not

apply with respect to a spouse unless some part of the

underpayment is due to the fraud of such spouse.

3

67a

Appendix E

26 U.S.C. § 6694 – Understatement of taxpayer’s

liability by tax return preparer

(b)

UNDERSTATEMENT

DUE

TO

WILLFUL

OR

RECKLESS CONDUCT

(1)IN GENERAL

Any tax return preparer who prepares any return or

claim for refund with respect to which any part of

an understatement of liability is due to a conduct

described in paragraph (2) shall pay a penalty with

respect to each such return or claim in an amount

equal to the greater of—

(A) $5,000, or

(B) 75 percent of the income derived (or to be

derived) by the tax return preparer with respect to

the return or claim.

(2) WILLFUL OR RECKLESS CONDUCT

Conduct described in this paragraph is conduct by

the tax return preparer which is—

(A) a willful attempt in any manner to understate

the liability for tax on the return or claim, or

(B) a reckless or intentional disregard of rules or

regulations.

(3)REDUCTION IN PENALTY

The amount of any

any person by reason of

4

penalty payable

this subsection

by

for

68a

Appendix E

any return or claim for refund shall be reduced by the

amount of the penalty paid by such person by reason

of subsection (a).

26 U.S.C. § 6701 – Penalties for aiding and

abetting understatement of tax liability

(A) IMPOSITION OF PENALTY

Any person—

(1) who aids or assists in, procures, or advises with

respect to, the preparation or presentation of any

portion of a return, affidavit, claim, or other document,

(2) who knows (or has reason to believe) that such

portion will be used in connection with any material

matter arising under the internal revenue laws, and

(3) who knows that such portion (if so used) would

result in an understatement of the liability for tax of

another person, shall pay a penalty with respect to

each such document in the amount determined under

subsection (b).

26 U.S.C. § 7454 - Burden of proof in fraud,

foundation manager, and transferee cases

(a) Fraud

In any proceeding involving the issue whether the

petitioner has been guilty of fraud with intent to evade

tax, the burden of proof in respect of such issue shall

be upon the Secretary.

5

69a

Appendix E

(b) Foundation managers

In any proceeding involving the issue whether a

foundation manager (as defined in section 4946(b))

has “knowingly” participated in an act of self-dealing

(within the meaning of section 4941), participated in

an investment which jeopardizes the carrying out of

exempt purposes (within the meaning of section 4944),

or agreed to the making of a taxable expenditure

(within the meaning of section 4945), or whether the

trustee of a trust described in section 501(c)(21) has

“knowingly” participated in an act of self-dealing

(within the meaning of section 4951) or agreed to the

making of a taxable expenditure (within the meaning

of section 4952), or whether an organization manager

(as defined in section 4955(f)(2)) has “knowingly”

agreed to the making of a political expenditure (within

the meaning of section 4955), or whether an

organization manager (as defined in section

4912(d)(2)) has “knowingly” agreed to the making of

disqualifying lobbying expenditures within the

meaning of section 4912(b), or whether an

organization manager (as defined in section 4958(f)(2))

has “knowingly” participated in an excess benefit

transaction (as defined in section 4958(c)), the burden

of proof in respect of such issue shall be upon the

Secretary.

26 U.S.C. § 7701 – Definitions

(a) When used in this title, where not otherwise

distinctly expressed or manifestly incompatible with

the intent thereof—

6

70a

Appendix E

(11) Secretary of the Treasury and Secretary

(A) Secretary of the Treasury

The term “Secretary of the Treasury” means

the Secretary of the Treasury, personally, and shall

not include any delegate of his.

(B) Secretary

The term “Secretary” means the Secretary of the

Treasury or his delegate.

(36) Tax return preparer

(A) In general

The term “tax return preparer” means

any person who prepares for compensation, or who

employs one or more persons to prepare for

compensation, any return of tax imposed by this title

or any claim for refund of tax imposed by this title. For

purposes of the preceding sentence, the preparation of

a substantial portion of a return or claim for refund

shall be treated as if it were the preparation of such

return or claim for refund.

(B) Exceptions

A person shall not be a “tax return preparer”

merely because such person—

(i) furnishes typing,

mechanical assistance,

7

reproducing,

or

other

71a

Appendix E

(ii) prepares a return or claim for refund of the

employer (or of an officer or employee of the employer)

by whom he is regularly and continuously employed,

(iii) prepares as a fiduciary a return or claim for

refund for any person, or

(iv) prepares a claim for refund for a taxpayer in

response to any notice of deficiency issued to

such taxpayer or in response to any waiver of

restriction after the commencement of an audit of

such taxpayer or another taxpayer if a determination

in such audit of such other taxpayer directly or

indirectly affects the tax liability of such taxpayer.

28 U.S.C. § 1254 - Courts of appeals; certiorari;

certified questions

Cases in the courts of appeals may be reviewed by

the Supreme Court by the following methods:

(1) By writ of certiorari granted upon the petition

of any party t

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Petition for Writ of Certiorari — Stephanie Murrin, Petitioner v. Commissioner of Internal Revenue | Frix