- 15 - attempted to evade and defeat the income tax due and owing by him for 1981 and 1982, and as a result that he is liable for the civil fraud additions to tax under section 6653(b). With respect to additions to tax for fraud, respondent bears the burden of proof. Rule 142; sec. 7454(a). That burden requires respondent to establish that there has been an underpayment and that some part of the underpayment was due to fraud. DiLeo v. Commissioner, 96 T.C. 858, 873 (1991), affd. 959 F.2d 16 (2d Cir. 1992).11 Also, for the 1982 tax year, respondent must establish the specific portion of the underpayment of tax which is attributable to fraud solely for purposes of applying the "50 percent of the interest payable" provisions of section 6653(b)(2).12 Id. at 873. 11 See also McNichols v. Commissioner, T.C. Memo. 1993-61 and T.C. Memo. 1992-120, affd. 13 F.3d 432 (1st Cir. 1993). 12 For the 1981 tax year, sec. 6653(b) provided in part: (b) Fraud.--If any part of any underpayment (as defined in subsection (c)) of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 50 percent of the underpayment. * * * For the 1982 tax year, sec. 6653(b) became sec. 6653(b)(1) and (2), with sec. 6653(b)(1) retaining language identical to that of prior sec. 6653(b). New sec. 6653(b)(2) provided in part: (2) Additional amount for portion attributable to fraud.-- There shall be added to the tax (in addition to the amount determined under paragraph (1)) an amount equal to 50 percent of the interest payable under section 6601-- (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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