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1986 tax return, and (4) is liable for additions to tax pursuant
to section 6661 (substantial understatement of liability) for the
taxable years 1983 through 1987.
Although respondent, as the moving party, bears the burden
of proving that there are no material facts in dispute with
respect to these issues, petitioner is not entitled to rest upon
a mere denial of the allegations contained in respondent's
motions, but instead petitioner must set forth specific facts
showing that there is a genuine issue for trial. Rule 121(d).
Petitioner's unsupported denials of the allegations contained in
respondent's motions for summary judgment are grounded solely on
discredited tax protest arguments and are insufficient to provide
a basis for denying respondent's motions. Parkinson v.
Commissioner, 647 F.2d 875, 876 (9th Cir. 1981), affg. per curiam
T.C. Memo. 1979-319. Consequently, we will grant respondent's
motions for summary judgment in respect of the adjustments
described above.
Respondent also seeks summary judgment that petitioner is
liable for additions to tax for fraud for the years 1983 through
1987. The addition to tax in the case of fraud is a civil
sanction provided primarily for the protection of the revenue and
to reimburse the Government for the heavy expense of
investigation and the loss resulting from the taxpayer's fraud.
Helvering v. Mitchell, 303 U.S. 391, 401 (1938).
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