James Luther Cochrane - Page 17

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          Respondent bears the burden of proof on this issue.  Sec.                   
          7454(a); Rule 142(b).                                                       
               For the taxable years 1983 through 1985, if any portion of             
          an underpayment of tax required to be shown on a return is due to           
          fraud, there shall be added to the tax an amount equal to 50                
          percent of the underpayment, as well as an amount equal to 50               
          percent of the interest payable under section 6601 with respect             
          to the portion of the underpayment attributable to fraud.  Sec.             
          6653(b)(1) and (2).  For the taxable year 1986, the addition to             
          tax is equal to 75 percent of the portion of any underpayment               
          attributable to fraud, plus 50 percent of the interest due on               
          this portion.  Sec. 6653(b)(1)(A) and (B).  If respondent                   
          establishes that any portion of the underpayment for 1986 is                
          attributable to fraud, then the entire underpayment is to be                
          treated as attributable to fraud, except with respect to any                
          portion of the underpayment that petitioner establishes is not              
          attributable to fraud.  Sec. 6653(b)(2).                                    
               In order to discharge her burden, respondent must prove by             
          clear and convincing evidence that:  (1) An underpayment exists             
          for the years in issue, and (2) some portion of the underpayment            
          is due to fraud.  Sec. 7454(a); Petzoldt v. Commissioner, 92 T.C.           
          661, 699 (1989).  The facts contained in respondent's requests              
          for admission establish that there was an underpayment of tax for           
          each of the years in issue in the amounts determined by                     
          respondent.                                                                 




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