David M. Leggett - Page 13




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               Although petitioner does not dispute that his tax lia-                 
          bility for each of the years 1993, 1994, and 1995 exceeds his               
          prepayment credits for each of those years, he alleges on brief             
          that "Respondent has not established * * * an underpayment of               
          tax" for 1992.  We disagree.  Although petitioner initially                 
          claimed that there was an overpayment for 1992, he ultimately               
          conceded before the trial in this case that there is no over-               
          payment for 1992.  Moreover, the record establishes, and we have            
          determined, that, after taking into account the concessions by              
          the parties with respect to 1992, petitioner has a tax liability            
          for that year which is in excess of the prepayment credits that             
          he has for that year (viz., estimated tax payments totaling                 
          $6,300).                                                                    
               To prove fraudulent intent, respondent must prove by clear             
          and convincing evidence that the taxpayer intended to evade tax             
          that he or she believed to be owing by conduct intended to                  
          conceal, mislead, or otherwise prevent the collection of such               
          tax.  See Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d               
          Cir. 1968); Parks v. Commissioner, 94 T.C. 654, 661 (1990);                 
          Laurins v. Commissioner, 889 F.2d 910, 913 (9th Cir. 1989), affg.           
          Norman v. Commissioner, T.C. Memo. 1987-265.  The existence of              
          fraud is a question of fact to be resolved upon consideration of            
          the entire record.  See DiLeo v. Commissioner, 96 T.C. 858, 874             
          (1991), affd. 959 F.2d 16 (2d Cir. 1992); Recklitis v. Commis-              
          sioner, 91 T.C. 874, 909 (1988); Gajewski v. Commissioner, 67               




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