Willie Thomas - Page 12

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               Fraud is defined as an intentional wrongdoing designed to              
          evade tax.  Powell v. Granquist, 252 F.2d 56, 60 (9th Cir. 1958);           
          Miller v. Commissioner, 94 T.C. 316, 332 (1990).  The existence             
          of fraud is a question of fact to be resolved upon consideration            
          of the entire record.  Estate of Pittard v. Commissioner, 69 T.C.           
          391, 400 (1977); Gajewski v. Commissioner, 67 T.C. 181, 199                 
          (1976), affd. without published opinion 578 F.2d 1383 (8th Cir.             
          1978).  Respondent bears the burden of proving fraud by clear and           
          convincing evidence.  Sec. 7454(a); Rule 142(b).  To carry her              
          burden of proof, respondent must show for each year in issue that           
          an underpayment of tax exists and that some portion of the                  
          underpayment is due to fraud.  Petzoldt v. Commissioner, 92 T.C.            
          661, 699 (1989).                                                            
               Petitioner, pursuant to section 7201, was convicted of                 
          income tax evasion with respect to his 1986 and 1987 tax returns.           
          As a result, petitioner is collaterally estopped from denying               
          liability for civil fraud with respect to 1986 and 1987, because            
          the elements of criminal tax evasion and civil fraud are                    
          identical.  Gray v. Commissioner, 708 F.2d 243, 246 (6th Cir.               
          1983), affg. T.C. Memo. 1981-1.  As a result, we hold that                  
          petitioner, pursuant to section 6653(b)(1)(A) and (B), is liable            
          for additions to tax for fraud for 1986 and 1987.  We next                  









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