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petitioner, possible. See Davis v. Commissioner, T.C. Memo.
1991-333.
Petitioner has failed to offer any credible evidence that he
did not receive the amounts determined by respondent.
Respondent's determination of the deficiency will be sustained.
Fraud
The 75-percent addition to tax in the case of fraud is a
civil sanction provided primarily as a safeguard for the
protection of the revenue and to reimburse the Government for the
heavy expense of investigation and the loss resulting from the
taxpayer's fraud. Sec. 6653(b)(1); Helvering v. Mitchell, 303
U.S. 391, 401 (1938). Respondent has the burden of proving, by
clear and convincing evidence, that some part of an underpayment
for 1988 was due to fraud. Sec. 7454(a); Rule 142(b). This
burden is met if it is shown that the taxpayer intended to
conceal, mislead, or otherwise prevent the collection of such
taxes. Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir.
1968); Webb v. Commissioner, 394 F.2d 366, 377 (5th Cir. 1968),
affg. T.C. Memo. 1966-81. Once the Commissioner has established
that some portion of an underpayment is due to fraud, the entire
underpayment is treated as attributable to fraud unless the
taxpayer can show that some portion of the underpayment is not
due to fraud. Sec. 6653(b)(2).
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