James Alan Price - Page 11

                                       - 11 -                                         

          Commissioner, supra at 661; Rowlee v. Commissioner, 80 T.C. 1111,           
          1123 (1983).                                                                
               2.   Underpayment                                                      
               Petitioner concedes that he understated his tax for each of            
          the years in issue.                                                         
               3.   Fraudulent Intent                                                 
               Respondent must prove by clear and convincing evidence                 
          that petitioner had fraudulent intent.  Parks v. Commissioner,              
          supra at 664.  For purposes of section 6653(b), fraud means                 
          actual, intentional wrongdoing, Mitchell v. Commissioner, 118               
          F.2d 308, 310 (5th Cir. 1941), revg. 40 B.T.A. 424 (1939), or               
          the intentional commission of an act for the specific purpose               
          of evading a tax believed to be owing, Webb v. Commissioner,                
          394 F.2d 366, 377 (5th Cir. 1968), affg. T.C. Memo. 1966-81.                
                    a.   Direct Evidence of Fraud                                     
               There is direct evidence of petitioner’s fraud because                 
          petitioner admitted in his plea agreement that he tried to evade            
          tax that he knew he owed for 1985, 1986, and 1987.  Direct                  
          evidence can be sufficient to support a finding of fraudulent               
          intent.  Catalfo v. Commissioner, T.C. Memo. 1995-106 (taxpayer’s           
          admissions connected with plea agreement established fraudulent             
          intent); Larson v. Commissioner, T.C. Memo. 1994-302, affd.                 
          without published opinion 60 F.3d 830 (8th Cir. 1995) (plea                 
          agreement was evidence of fraudulent intent).                               





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