Charles L. Fields and Barbara S. Fields - Page 30

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          Issue 4.  Additions to Tax for Fraud                                        
               Respondent determined that petitioner was liable for                   
          additions to tax for fraud in each year in issue.  Petitioner               
          disputes this determination.  Respondent must prove that                    
          petitioner underpaid his taxes in each of the subject years, and            
          that some part of each underpayment was due to fraud, in order to           
          sustain her allegations of fraud under:  (1) Section 6653(b), for           
          petitioner's 1980 and 1981 taxable years,22 and (2) section                 
          6653(b)(1), for petitioner's 1982 taxable year.23  See secs.                


               22 As applicable to petitioner's 1980 and 1981 taxable                 
          years, sec. 6653(b) provides:  "If any part of any 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."                                                          
               23 Sec. 325(a) of the Tax Equity and Fiscal Responsibility             
          Act of 1982, Pub. L. 97-248, 96 Stat. 616-617, amended sec.                 
          6653(b) effective for taxes the last day prescribed by law for              
          the payment of which, without regard to extensions, was after               
          Sept. 3, 1982.  Following its amendment, sec. 6653(b) provides in           
          relevant part:                                                              
                    (1)  In general.--If any part of any 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.                                           
                    (2)  Additional amount for portion attributable to                
               fraud.--There shall be added to the tax (in addition to the            
               amount determined under paragraph (1)) an amount equal to              
               50 percent of the interest payable under section 6601--                
                         (A) with respect to the portion of the                       
                    underpayment described in paragraph (1) which is                  
                    attributable to fraud, and                                        
                         (B) for the period beginning on the last day                 
                    prescribed by law for payment of such underpayment                
                                                             (continued...)           




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