Door Control Services, Inc., et al. - Page 8

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          restitution in the amount of $115,564.30 or the amount of tax               
          liability, whichever was less.                                              
               On March 16, 1994, respondent issued notices of deficiency             
          to the Gilchrists and Door Control.                                         
                                       OPINION                                        
               Respondent determined that petitioners were liable for                 
          additions to tax for fraud under section 6653(b)(1)(A) and (B) as           
          in effect for 1986 and 1987, and section 6653(b)(1) as in effect            
          for 1988.  Respondent also determined that Door Control was                 
          liable for an addition to tax for fraud under section 6653(b)(1)            
          as in effect for 1985.                                                      
               Fraud is defined as an intentional wrongdoing designed to              
          evade tax.  Powell v. Granquist, 252 F.2d 56, 60 (9th Cir. 1958);           
          Miller v. Commissioner, 94 T.C. 316, 332 (1990).  The existence             
          of fraud is a question of fact to be resolved upon consideration            
          of the entire record.  Loftin & Woodard, Inc. v. United States,             
          577 F.2d 1206, 1236 (5th Cir. 1978); Gajewski v. Commissioner, 67           
          T.C. 181, 199 (1976), affd. without published opinion 578 F.2d              
          1383 (8th Cir. 1978).  Respondent bears the burden of proving               
          fraud by clear and convincing evidence.  Sec. 7454(a); Rule                 
          142(b).  To carry her burden of proof, respondent must show that            
          (1) an underpayment of tax exists and (2) some portion of the               
          underpayment is due to fraud.  Petzoldt v. Commissioner, 92 T.C.            
          661, 699 (1989).  Where respondent determines fraud for several             






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