- 11 - Respondent has the burden of proof, by clear and convincing evidence, on the fraud issue; petitioner has the burden of proof, by a preponderance of the evidence, on the deficiencies and non- fraud additions. The sparse record of events described in our findings of fact does not compel a holding in favor of either party's contentions. Cf. Ishijima v. Commissioner, T.C. Memo. 1994-353. For the reasons described below, we find that respondent has not proven fraud by clear and convincing evidence beyond what necessarily flows from petitioner's guilty plea in the criminal case and his concessions in the case at hand with respect to the year 1983. Because petitioner offered no proof, he has not borne his burdens of disproving the deficiencies and the nonfraud additions. Issue 1: 1983--Section 6653(b)(1) and (2) A. Section 6653(b)(1). Section 6653(b)(1) imposes an addition to tax of 50 percent of the underpayment of tax required to be shown on the return if any part of the underpayment is due to fraud. Respondent bears the burden of proving by clear and convincing evidence that (1) petitioner has an underpayment for the taxable year, and (2) that some part of the underpayment is due to fraud. Sec. 7454(a); Rule 142(b); DiLeo v. Commissioner, 96 T.C. 858, 873 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Stone v. Commissioner, 56 T.C. 213, 220 (1971). Conviction of criminal tax evasion under section 7201 collaterally estops a taxpayer from denying that the fraudPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011