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defendant is placed on probation for THREE (3) years", fined
$5,000, and required to perform 100 hours of community service.
The major adjustment made by respondent in the notice of
deficiency for the years 1982 through 1984 was to disallow the
air fare deductions claimed by petitioner and to assert the
addition to tax for fraud. Certain other minor adjustments were
also made by respondent, not involving fraud, and other additions
to tax as set forth above were asserted.
OPINION
The only controversy in this case concerns whether any part
of petitioner's understatement of his income tax for the years
1982, 1983, and 1984 was due to fraud with intent to evade tax.
If fraud is established, petitioner does not question
respondent's computation. Absent fraud, petitioner claims that
the period for assessment and collection of tax had expired
before the time of the issuance of the notice of deficiency and,
therefore, assessment and collection of any deficiency are
barred. Respondent does not question that, absent fraud,
assessment and collection of any deficiency for 1982, 1983, or
1984 are barred.
Section 6653(b)(1) provides for an addition to tax of 50
percent of the underpayment if any part of any underpayment is
due to fraud. Section 6653(b)(2) provides for a further addition
of 50 percent of the interest due under section 6601 upon that
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