Association Cable TV, Incorporated - Page 21

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            Briggs gave the false minutes to WCWC with the knowledge that the                           
            false information would be used to prepare ACT's 1988 Form 1120                             
            tax return for submission to the IRS.                                                       
                  Respondent has met her burden of proof by clear and                                   
            convincing evidence that petitioner acted with the intention to                             
            evade taxes.  Accordingly, we sustain respondent's determination                            
            that petitioner is liable for the addition to tax for fraud under                           
            section 6653(b)(1).                                                                         
                  Respondent determined an addition to tax for 1988 under                               
            section 6661.  Petitioner has the burden of proof on this issue.                            
            Rule 142(a).  Petitioner did not present any evidence or argument                           
            that would avoid application of this addition to tax.                                       
                  Because we have upheld respondent's fraud determination, we                           
            need not examine the alternative additions to tax.                                          
                                                             Decision will be entered                   
                                                       for respondent.                                  



















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