Chong-Kak and Sang-Ok Lee - Page 21

                                       - 21 -                                         

          (3) section 6653(b)(1) for the Lees' 1988 taxable year.8  For               
          purposes of section 6653(b)(2), which is applicable to                      


          7(...continued)                                                             
                         (A) 75 percent of the portion of the underpayment            
                    which is attributable to fraud, and                               
                         (B) an amount equal to 50 percent of the interest            
                    payable under section 6601 with respect to such portion           
                    for the period beginning on the last day prescribed by            
                    law for payment of such underpayment (determined                  
                    without regard to any extension) and ending on the date           
                    of the assessment of the tax or, if earlier, the date             
                    of the payment of the tax.                                        
                    (2) Determination of portion attributable to fraud.--             
               If the Secretary establishes that any portion of an                    
               underpayment is attributable to fraud, the entire                      
               underpayment shall be treated as attributable to fraud,                
               except with respect to any portion of the underpayment which           
               the taxpayer establishes is not attributable to fraud.                 
          8 Sec. 1015(b)(2)(B) of the Technical and Miscellaneous                     
          Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3569,                 
          amended sec. 6653(b) effective for returns the due date of which,           
          without regard to extensions, was after Dec. 31, 1988.  Following           
          its amendment, sec. 6653(b) provides in relevant part:                      
                    (1)  In general.--If any part of any underpayment * * *           
               of tax required to be shown on a return is due to fraud,               
               there shall be added to the tax an amount equal to 75                  
               percent of the portion of the underpayment which is                    
               attributable to fraud.                                                 
                    (2) Determination of portion attributable to                      
               fraud.--If the Secretary establishes that any portion                  
               of an underpayment is attributable to fraud, the entire                
               underpayment shall be treated as attributable to fraud,                
               except with respect to any portion of the underpayment                 
               which the taxpayer establishes is not attributable to                  
               fraud.                                                                 








Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011