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Paragraph 36. Petitioner's failure to report her
correct taxable income and her correct tax liability
for the taxable years 1987 and 1988 was done
fraudulently and with intent to evade tax.
Petitioner's deemed admissions provide clear and convincing
evidence that petitioner's entire underpayments for taxable years
1987 and 1988 were due to fraud. We hold that respondent has
satisfied her burden as to the additions to tax for fraud.5
Accordingly, respondent's motion for summary judgment will be
granted with respect to this issue.
An appropriate order and decision
will be entered.
5Our holding with respect to the additions to tax for fraud
under sec. 6653(b) eliminates the need to consider respondent's
alternative position with respect to the addition to tax pursuant
to sec. 6651(b)(1) for failure to file a timely income tax return
for the taxable year 1988.
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Last modified: May 25, 2011