Michael K. Wolfe and Rosemarie E. Wolfe - Page 6

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          accessions to wealth under the dominion and control of the                  
          taxpayer.  James v. United States, 366 U.S. 213 (1961); Rutkin v.           
          United States, 343 U.S. 130 (1952).  Section 1 imposes a tax on             
          individuals for taxable income received.  The liability for the             
          payment of the income tax is ordinarily on the individual                   
          receiving the income.  Edwards v. Commissioner, 39 T.C. 78                  
          (1962), affd. in part and revd. in part 323 F.2d 751 (9th Cir.              
          1963).                                                                      
               The evidence submitted in this case clearly shows the                  
          receipt of the income by petitioners, and in fact they admitted             
          it in the pleadings.  Petitioners' argument of a "loan" is not              
          only unsupported by this record, it is clearly contrary to that             
          record, and we find that respondent's determination with respect            
          to unreported income must be sustained.                                     
               We next consider the correctness of the imposition of                  
          additions to tax for fraud on petitioners by respondent.  On this           
          matter, the burden of proof is on respondent, Rule 142(b).  A               
          failure to file tax returns, without more, is not conclusive                
          proof of fraud, but may be considered in connection with other              
          facts.  Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir.            
          1968); Kotmair v. Commissioner, 86 T.C. 1253, 1260 (1986).                  
          Petitioners' entire course of conduct can be relied on to                   
          establish a fraudulent intent.  Otsuki v. Commissioner, 53 T.C.             
          96, 106 (1969).                                                             






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