William Kale - Page 21

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          was the subsequent $50,000 bribe promised to Suval of which                 
          petitioner was unaware).  Of that $65,000, 8 percent, or $5,000,            
          was paid in 1981; 46 percent, or $30,000, was paid in each of the           
          years 1982 and 1983.  Based on that evidence, we find that of the           
          $7,500 that petitioner received from Suval, 8 percent, or $600,             
          was paid to petitioner in 1981, and 46 percent, or $3,450 was               
          paid to petitioner in each of the years 1982 and 1983.                      
          Accordingly, we find petitioner to have had unreported income of            
          $3,450 in each of the years 1982 and 1983.  See Cohan v.                    
          Commissioner, supra.                                                        
               We have already determined that the entire amount of each              
          such underpayment is due to fraud.  Therefore, the "portion of              
          the underpayment * * * attributable to fraud" is the portion                
          of the underpayment resulting from unreported income of $3,450 in           
          both 1982 and 1983.  Accordingly, the addition to tax under                 
          section 6653(b)(2), for each of the years 1982 and 1983, is equal           
          to 50 percent of the interest payable under section 6601 with               
          respect to the underpayment resulting from unreported income of             
          $3,450.                                                                     
          III. Statute of Limitations                                                 
               Section 6501(c)(1) provides for the assessment of tax at any           
          time in the case of a fraudulent return.  We have found that                
          respondent has proven fraud on the part of petitioner for each of           
          the years in issue and, accordingly, the period for assessment              






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