Hugh Wilkinson and Evelyn Wilkinson - Page 9

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               Respondent determined that petitioners underpaid their 1989             
          income tax by $29.  The underpayment was attributable to the                 
          overstated short-term capital loss carryover reported and                    
          deducted on their 1989 tax return.  Petitioners did not present              
          any evidence at trial and did not argue in their brief that                  
          respondent's determination of the $29 deficiency is incorrect.               
          We therefore sustain respondent's determination of this                      
          deficiency.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 114              
          (1933); Rapco, Inc. v. Commissioner, 85 F.3d 950, 954 (2d Cir.               
          1996), affg. T.C. Memo. 1995-128.                                            
          C.  1988 and 1989 Additions to Tax for Fraud                                 
               Respondent argues that petitioners are liable for the                   
          additions to tax for fraud under section 6653(b)(1) for 1988 and             
          section 6651(f) for 1989.  For returns the due date for which is             
          after December 31, 1988, determined without regard to extensions,            
          but before December 31, 1989, section 6653(b)(1) imposes an                  
          addition to tax equal to 75 percent of the portion of an                     
          underpayment that is due to fraud.  In the case of returns the               
          due date for which is after December 31, 1989, determined without            
          regard to extensions, section 6651(f) imposes an addition to tax             
          where a failure to file a return is fraudulent.  Because both                
          provisions are analyzed similarly as to the determination of                 
          fraudulent intent, we consolidate our discussion of the fraud                
          determinations.  Clayton v. Commissioner, 102 T.C. 632, 653                  
          (1994).                                                                      




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