- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011