- 141 - constructive dividend income (supra table 19) was omitted because of petitioner’s fraud. We hold for respondent as to 1986. C. Conclusions We conclude that respondent has shown by clear and convincing evidence that petitioner intended to evade his income taxes for each of the years 1985 and 1986, which taxes petitioner knew or believed he owed, by conduct intended to conceal this income. Accordingly, the statute of limitations does not bar respondent’s assessment of deficiencies against petitioner for 1985. Sec. 6501(c)(1). We hold for respondent with respect to 1985, and for petitioner with respect to 1983 and 1984, on this statute of limitations issue. II. Additions to Tax A. Fifty-Percent Fraud Addition--1985 In order to impose the 50-percent fraud addition to tax for 1985 under section 6653(b)(1),33 respondent must prove, by clear 33 Sec. 6653(b) for 1985 provides, in pertinent part, as follows: SEC. 6653. FAILURE TO PAY TAX. * * * * * * * (b) Fraud.-- (continued...)Page: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
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