Robert D. Grossman, Jr. - Page 56

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          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...)           




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