8 the investigation of their tax liability, petitioners withheld information from the revenue agents as to the amount of their income, and also concealed the fact of their prior convictions for illegally obtaining such income. We think respondent has satisfied the burden of proving fraud in this case by the clear and convincing evidence required by section 7454(a) and Rule 142(b). Cf. Green v. Commissioner, T.C. Memo. 1993-152, affd. without published opinion 33 F.3d 1378 (5th Cir. 1994). This leaves for discussion the imposition of additions to tax by respondent under section 6654 for the failure by petitioners to pay estimated tax. Respondent determined that the addition to tax for failure to pay an estimated tax was applicable for each of the years here in question, and petitioners bear the burden of proving that respondent's determination of the addition to tax is erroneous. Rule 142(a); Grosshandler v. Commissioner, 75 T.C. 1 (1980). The statute is specific, and unless the taxpayer can bring himself within one of the four enumerated exceptions thereto, its application is mandatory. Estate of Ruben v. Commissioner, 33 T.C. 1071 (1960); Grosshandler v. Commissioner, supra. No such showing has been made in this case, and we therefore sustain respondent on this issue. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011