James Alan Price - Page 10

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                                       OPINION                                        
          A.   Addition to Tax for Fraud Under Section 6653(b)                        
               1.   Contentions of the Parties and Background                         
               Petitioner contends that he is not liable for the addition             
          to tax for fraud for the years in issue because he was misled by            
          some of his friends who were not filing tax returns and who were            
          claiming to be exempt from withholding; that he sincerely                   
          believed that he did not have to pay tax; and that respondent did           
          not advise him that his conduct was illegal in response to his              
          letters.  Respondent contends that petitioner intended to evade             
          taxes for each year in issue.                                               
               A taxpayer who commits fraud is liable for an addition to              
          tax of 50 percent of the underpayment for 1985, and 75 percent              
          of the underpayment due to fraud for 1986 and 1987.  Sec.                   
          6653(b)(1); sec. 6653(b)(1)(A).  Respondent has the burden of               
          proving fraud by clear and convincing evidence.  Sec. 7454(a);              
          Rule 142(b).  First, respondent must prove the existence of an              
          underpayment.  Sec. 6653(b)(1); King's Court Mobile Home Park,              
          Inc. v. Commissioner, 98 T.C. 511, 515-516 (1992); Parks v.                 
          Commissioner, 94 T.C. 654, 660 (1990).  Second, respondent must             
          show that petitioner intended to evade taxes he believed to be              
          owing by conduct intended to conceal, mislead, or otherwise                 
          prevent tax collection for each year in issue.  Stoltzfus v.                
          United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Parks v.                 





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