- 15 - 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:Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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