Steven J. Romer - Page 20

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          Fraud Addition To Tax For 1988 And Fraud Penalties For 1989 And 1990        
               Whether a taxpayer is liable for a fraud addition to tax or            
          a fraud penalty constitutes a question of fact.                             
               Fraud is never to be imputed or presumed.  However, "its               
          proof may depend to some extent upon circumstantial evidence, and           
          may rest upon reasonable inferences properly drawn from the                 
          evidence of record."  Stone v. Commissioner, 56 T.C. 213, 224               
          (1971); see also Rowlee v. Commissioner, 80 T.C. 1111 (1983);               
          Stephenson v. Commissioner, 79 T.C. 995 (1982), affd. 748 F.2d              
          331 (6th Cir. 1984).                                                        
               The consistent understatement of substantial amounts of                
          income over several years is strong evidence of fraud.  Merritt             
          v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C.              
          Memo. 1959-172; Vannaman v. Commissioner, 54 T.C. 1011, 1018                
          (1970).  Any conduct, the likely effect of which would be to                
          mislead or conceal, is indicative of fraud.  Fraud must be proved           
          by respondent by clear and convincing evidence.  Sec. 7454; Rule            
          142(b).                                                                     
               Where fraud is established for a year, the 75-percent fraud            
          addition to tax for 1988 under section 6653(b)(1) and (2) and the           
          75-percent fraud penalty for 1989 and 1990 under section 6663(a)            
          and (b) apply to the entire tax deficiency unless the taxpayer              
          establishes that some portion of the underpayment is not                    
          attributable to fraud.                                                      






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