Jack R. Prewitt and Shelley Prewitt - Page 17

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          value, was its customer list.  Accordingly, the contribution of             
          the remaining shell, after removal of the customer list, was a              
          mere gesture without substance.                                             
               Petitioner's and Roy's promise to pay some or all of the               
          proceeds from the receipts due to use of the customer lists is              
          but a promise and does not constitute an event for which a                  
          deduction is allowable.  The Mid-Continent corporations were                
          controlled by petitioner and Roy.  Moreover, petitioner has not             
          shown that payments were made to the Mid-Continent corporations             
          that would entitle petitioners to a deduction for repayment of              
          reimbursed preincorporation expenses for their 1983 taxable year.           
          Accordingly, petitioners are not entitled to any part of the                
          $90,000 claimed and disallowed by respondent.  In addition,                 
          because we have found that no value was in fact transferred to              
          the Mid-Continent corporations in the form of Riley, petitioners            
          are not required to report the short-term capital gain                      
          attributable to that transaction.                                           
               Additions to Tax for Fraud--Respondent determined that                 
          underpayments on petitioners' returns for 1980, 1981, 1982, and             
          1983 were due to fraud within the meaning of section 6653(b).               
          Fraud is defined as an intentional wrongdoing designed to evade             
          tax believed to be owing.  Miller v. Commissioner, 94 T.C. 316,             
          332 (1990) (citing Powell v. Granquist, 252 F.2d 56 (9th Cir.               
          1958)).  Respondent has the burden of proving, by clear and                 
          convincing evidence, that an underpayment exists for each of the            
          years at issue, and that some portion of the underpayment is due            



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