Lance Brown - Page 7

                                        - 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

Last modified: May 25, 2011