C. Richard Roose, Jr. and Betty B. Roose - Page 8

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          showing that respondent comes within the exception to the period            
          of limitations is the same as that which she bears in sustaining            
          the addition to tax for fraud under section 6653(b).  Botwinik              
          Bros. of Mass., Inc. v. Commissioner, 39 T.C. 988, 996 (1963).              
               The addition to tax in the case of fraud is a civil sanction           
          provided primarily as a safeguard for the protection of the                 
          revenue and to reimburse the Government for the heavy expense of            
          investigation and the loss resulting from the taxpayer's fraud.             
          Helvering v. Mitchell, 303 U.S. 391, 401 (1938).  For 1984 and              
          1985, section 6653(b)(1) provides for an addition to tax equal to           
          50 percent of the entire underpayment when any part of an                   
          underpayment is due to fraud, and section 6653(b)(2) provides for           
          an addition to tax equal to 50 percent of the interest payable              
          under section 6601 for that portion of the underpayment that is             
          attributable to fraud.  For 1986, section 6653(b)(1)(A) provides            
          for an addition to tax equal to 75 percent of the underpayment              
          attributable to fraud, and section 6653(b)(1)(B) provides for an            
          addition to tax equal to 50 percent of the interest payable under           
          section 6601 for that portion attributable to fraud.                        
               Respondent has the burden of proving, by clear and                     
          convincing evidence, that some part of an underpayment for each             
          year was due to fraud.  Sec. 7454(a); Rule 142(b).  For 1984 and            
          1985, respondent must prove the specific portion of the                     
          underpayment of tax attributable to fraud for purposes of section           
          6653(b)(2).  For 1986, section 6653(b)(2) provides:                         




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