- 7 - tax returns, on petitioner's 1987 amended Federal income tax return, and as now agreed to by petitioner and respondent. Gross Income As Reported On As Reported On Year Original Returns Amended Return As Agreed To 1986 $10,482 -- $32,248 1987 20,316 $30,504 37,166 OPINION For 1986 and 1987, additions to tax for fraud are equal to 75 percent of the portion of an underpayment that is attributable to fraud, plus an amount equal to 50 percent of interest payable under section 6601 with respect to such portion. Sec. 6653(b)(1) and (2). The existence of fraud involves a question of fact. Parks v. Commissioner, 94 T.C. 654, 660 (1990); Gajewski v. Commissioner, 67 T.C. 181, 199 (1976), affd. without published opinion 578 F.2d 1383 (8th Cir. 1978). Respondent must establish by clear and convincing evidence that there was an underpayment of tax and that the underpayment was due to the taxpayer’s fraudulent intent. Sec. 7454; Rule 142(b); King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 515 (1992). Fraudulent intent is defined as "actual, intentional wrongdoing, and the intent required is the specific purpose to evade a tax believed to be owing." Estate of Temple v. Commissioner, 67 T.C. 143, 159 (1976).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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