- 23 - was included with the records turned over to the U.S. attorney's office for the criminal trial. However, respondent has failed to produce any Form 1099. The facts of this case raise the suspicion that petitioner earned and received fees from Walter Capital that were paid in the form of checks to the order of Joe Bass. However, respondent's reliance on one witness who could not recollect the events surrounding the payments and her failure to provide any additional documentary evidence, in the form of the Form 1099, does not elevate our suspicion to the level of certitude required by the clear and convincing standard. Respondent has failed to persuade us that there is any underpayment with respect to the Walter Capital checks to the order of Joe Bass. We need not reach the question of fraudulent intent for 1984 because respondent has failed to prove an underpayment for 1984. Because respondent has failed to prove by clear and convincing evidence that petitioner had an underpayment resulting from the F&M jewelry purchase, the purchase from W&Y, or the Walter Capital payments, we find no section 6653(b)(1) addition to tax for fraud for 1984. B. Section 6653(b)(2). Nor do we uphold a section 6653(b)(2) addition to tax for 1984. By dint of the foregoing section 6653(b)(1) analysis, we have concluded that respondent has not carried her burden of proving by clear and convincing evidence that there is any underpayment for 1984 that was due toPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011