Robin F. and Anne F. Jenkins - Page 13

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            taxes.  Stoltzfus v. United States, 398 F.2d 1002, 1004 (3rd Cir.                          
            1968); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).                                  
                  For purposes of the fraud addition, an underpayment of taxes                         
            can be accomplished by an overstatement of deductions as well as by                        
            an omission of income.  Estate of Temple v. Commissioner, 67 T.C.                          
            143, 161 (1976).  Petitioners failed to report substantial amounts                         
            of Schedule C income.  Further, they inflated business deductions                          
            by deducting practically everything they purchased (except food) as                        
            a Schedule C expense.  In addition, they manipulated income and                            
            expenses to evade self-employment tax.  Thus, respondent has                               
            proven, by clear and convincing evidence, that an underpayment of                          
            tax existed with respect to each of the years under consideration.                         
                  Next, respondent  must  prove  that  a  portion  of  such                            
            underpayment was due to fraud.   Professional Services  v.                                 
            Commissioner, 79 T.C. 888, 930 (1982).  Fraud is never presumed,                           
            but must be affirmatively established by clear and convincing                              
            evidence.  Beaver v. Commissioner, 55 T.C. 85, 92 (1970).  Because                         
            direct evidence of fraud is rarely available, fraud may be proved                          
            by circumstantial evidence.  Spies v. United States, 317 U.S. 492,                         
            499 (1943).  The existence of fraud is a factual question to be                            
            determined upon a consideration of the entire record.  Grosshandler                        
            v. Commissioner, 75 T.C. 1, 19 (1980); Gajewski v. Commissioner, 67                        
            T.C. 181, 199 (1976), affd. without published opinion 578 F.2d 1383                        
            (8th Cir. 1978).  However, the mere failure to report income is not                        






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