Haralampos Katerelos and Irene Katerelos - Page 50

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            for certain days indicated NDV was not open during normal busi-                               
            ness hours; and (8) Mr. Katerelos' testimony at trial was not                                 
            credible.                                                                                     
                  Although the additions to tax and the penalties for fraud                               
            apply to the entire underpayment unless the taxpayer proves that                              
            some portion of the underpayment is not due to fraud, respondent                              
            determined, and does not argue otherwise herein, that only the                                
            portion of the underpayment for each of the years 1987 through                                
            1990 that is attributable to the underreporting of certain gross                              
            receipts of NDV for each such year is due to fraud.  Mr.                                      
            Katerelos has not shown either (1) that he underreported in                                   
            petitioners' returns for the years 1987 through 1990 the gross                                
            receipts of NDV in any amounts other than the amounts by which                                
            respondent contends that he underreported those gross receipts or                             
            (2) that any portion of the underpayment for each of those years                              
            that is attributable to that underreporting is not due to fraud.                              
                  Based on our examination of the entire record before us, we                             
            find that respondent has established by clear and convincing                                  
            evidence that Mr. Katerelos intended to evade tax for each of the                             
            years 1987 through 1990 that he knew to be owing by conduct                                   
            intended to conceal, mislead, or otherwise prevent the collection                             
            of such taxes.                                                                                
                  We find on the record before us that Mr. Katerelos is liable                            
            for 1987 and 1988 for the additions to tax for fraud under                                    





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