- 19 - not in business and never had a business of his own or any interest in a business. Petitioner also stated that he had never prepared Federal income tax returns for others, or counseled or advised anyone in the preparation of returns. The facts established by the deemed admissions demonstrate that these statements were untrue. Such failure to cooperate with tax authorities is further evidence of fraud. Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601. We conclude that the record contains clear and convincing evidence of petitioner's fraudulent attempt to evade income taxes for each of the years in issue. Accordingly, we sustain the additions to tax for fraud. Addition to Tax for Substantial Understatement of Income Tax in 1984 Respondent determined that petitioner is liable for an addition to tax for substantial understatement of income tax under section 6661(a) for 1984. Section 6661(a) provides for an addition to tax equal to 25 percent of the amount of the underpayment attributable to a substantial understatement of income tax. Pallottini v. Commissioner, 90 T.C. 498, 503 (1988). An understatement is substantial if it exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the return. Sec. 6661(b)(1)(A). This amount may be reduced,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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