George M. Osserman - Page 15

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          entitled to any losses arising from the Real Estate partnerships.           
          Petitioner also is not entitled to any losses from Imperial                 
          Finance.  In Fredkin v. Commissioner, T.C. Memo. 1986-154, affd.            
          870 F.2d 801 (1st Cir. 1989), this Court disallowed claimed                 
          royalty deductions flowing from the corporation Imperial Finance            
          NV.  By order dated July 21, 1993, the Court's opinion in the               
          Fredkin case was deemed determinative of the Imperial Finance               
          issues in this case.  We find no genuine issue of material fact             
          on this issue.  We shall grant respondent's motion for partial              
          summary judgment that petitioner is not entitled to carry forward           
          certain net operating losses to 1976 through 1981.                          
          Section 6653(b) Addition to Tax for Fraud                                   
               Section 6653(b) provides for the imposition of an addition             
          to tax if any part of any underpayment of tax required to be                
          shown on the return is due to fraud.  Fraud has been described as           
          an intent to evade taxes known to be owing by conduct intended to           
          mislead, conceal, or prevent tax collection.  Hebrank v.                    
          Commissioner, 81 T.C. 640, 642 (1983); Rowlee v. Commissioner, 80           
          T.C. 1111, 1123 (1983); McDonald v. Commissioner, T.C. Memo.                
          1996-87.  Respondent has the burden of proving by clear and                 
          convincing evidence two elements:  (1) The existence of an                  
          underpayment of tax for each year, and (2) that some part of the            
          underpayment is due to fraud with an intent to evade tax.  Sec.             
          7454(a); Rule 142(b); Hebrank v. Commissioner, supra.                       






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