- 17 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011