- 21 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Last modified: May 25, 2011