- 7 - her answer. Smith v. Commissioner, 926 F.2d at 1478; Rechtzigel v. Commissioner, 79 T.C. 132, 142 n.11 (1982) ("the necessary effect of defaulting petitioner is to deem admitted the affirmative allegations in the answer irrespective of petitioner's denial [in the reply]. The sanction thus converts the denial into an admission."), affd. 703 F.2d 1063 (8th Cir. 1983). Entry of a default decision as to the additions to tax for fraud (on which the Commissioner has the burden of proof) is appropriate upon a determination, which is within this Court's discretion, that the pleadings set forth sufficient facts to support such a decision. Smith v. Commissioner, 91 T.C. at 1058- 1059. Based upon the pleadings in this case, there is ample support for finding that petitioner fraudulently underpaid his taxes for the years in issue. The facts contained in the answer are sufficient to establish the existence of fraudulent conduct by petitioner. Prominent among the matters contained in the pleadings are petitioner's admissions that: (1) The omission of specific items of income for the years in issue is part of a 2-year pattern of intent to evade taxes; (2) petitioner understated taxable income for those years; and (3) a part of each understatement for the years in issue is due to fraud with intent to evade taxes. The above-pleaded facts clearly establish that petitioner fraudulently underpaid his income taxes for the years in issue.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011