Eric Wynn - Page 23

                                        - 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 to            




Page:  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