- 9 - State of California. Most importantly, petitioner is deemed to have admitted that he fraudulently and with the intent to evade taxes filed income tax returns for 1992 and 1993 in which he omitted $751,823 and $400,260 in income from sales of illegal drugs, respectively, and that the underpayments of tax required to be shown on his income tax returns for 1992 and 1993 are due to fraud with intent to evade income tax. We hold that the facts deemed admitted pursuant to Rule 37(c) satisfy respondent's burden of proving fraud. Doncaster v. Commissioner, 77 T.C. at 337. Those facts constitute clear and convincing evidence that petitioner, fraudulently and with the intent to evade taxes known to be owing, failed to report the income that he derived from sales of illegal drugs during 1992 and 1993 and that the underpayment of taxes required to be shown on each of petitioner's 1992 and 1993 income tax returns is due to fraud. Consequently, respondent is entitled to summary judgment that petitioner is liable for the penalty for fraud under section 6663(a) for the taxable years 1992 and 1993. In order to reflect our conclusions herein, An order and decision granting respondent's motion for summary judgment will be entered.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011