Robert D. Grossman, Jr. - Page 60

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          evidence, that petitioner has an underpayment of tax for that               
          year, and that some part of that underpayment is due to fraud.              
          If respondent establishes that petitioner has an underpayment of            
          tax some part of which is due to fraud, then section 6653(b)(2)             
          shifts the burden of proof to petitioner to establish what                  
          portion of the underpayment is not attributable to fraud.  Our              
          conclusion as to the statute of limitations issue results in our            
          concluding that respondent has carried respondent’s burden of               
          proof.                                                                      



               35(...continued)                                                       
                         extension) and ending on the date of the                     
                         assessment of the tax or, if earlier, the date of            
                         the payment of the tax.                                      
                         (2) Determination of portion attributable to                 
                    fraud.--If the Secretary establishes that any portion             
                    of an underpayment is attributable to fraud, the entire           
                    underpayment shall be treated as attributable to fraud,           
                    except with respect to any portion of the underpayment            
                    which the taxpayer establishes is not attributable to             
                    fraud.                                                            
               These provisions were added by sec. 1503(a) of TRA 86, 100             
          Stat. 2742, and apply to tax returns the due date of which is               
          after Dec. 31, 1986.                                                        
               The later amendments of these provisions by sec. 1015(b)(2)            
          of the Technical and Miscellaneous Revenue Act of 1988 (TAMRA               
          88)(Pub. L. 100-647, 102 Stat. 3342, 3569) and by sec. 7721(a) of           
          the Omnibus Budget Reconciliation Act of 1989 (OBRA 89--Pub. L.             
          101-239, 103 Stat. 2106, 2395) do not affect the instant cases.             
               As the result of OBRA 89, the revised negligence addition to           
          tax appears in sec. 6662, and the revised fraud addition to tax             
          now appears in secs. 6663 and 6651(f).                                      




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