Page G. Stuart - Page 9

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          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.                                   








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