Robin F. and Anne F. Jenkins - Page 15

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            Cir. 1949), affg. 7 T.C. 245 (1946); Niedringhaus v. Commissioner,                         
            99 T.C. 202, 211 (1992).                                                                   
                  Fraud cannot be imputed from one spouse to another.  In the                          
            case of a joint return, section 6653(b)(4) (for taxable years 1984                         
            and 1985) and section 6653(b)(3) (for taxable year 1986) provide                           
            that section 6653(b) shall not apply with respect to a spouse                              
            unless some part of the underpayment is due to fraud by such                               
            spouse.  Hence, respondent must prove fraud as to each spouse                              
            charged with liability for the addition to tax.  Hicks Co. v.                              
            Commissioner, 56 T.C. 982, 1030 (1971), affd. 470 F.2d 87 (1st Cir.                        
            1972); Stone v. Commissioner, 56 T.C. 213, 227-228 (1971).  We                             
            shall first address whether any part of the underpayment for the                           
            years under consideration is due to petitioner's fraud.                                    
                  a.  Petitioner                                                                       
                  Petitioner claims that the understatements and deductions on                         
            the returns for the years under consideration were not fraudulent,                         
            but rather resulted from his honest mistakes.  He claims that                              
            mistakes were made because he thought every expense was deductible                         
            and that the IRS audited all returns and corrected any inaccurate                          
            items listed on the returns.  We find petitioner's claim to be                             
            self-serving and, at least in part, incredible.                                            
                  Respondent has affirmatively established numerous badges of                          
            fraudulent intent by petitioner as follows:                                                








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