- 13 - respondent's assessment and collection of the taxes at issue. Petitioner simply does not address the components of the underlying deficiencies. Accordingly, respondent is sustained on this issue. Additions to Tax for Fraud Respondent bears the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b). The burden that respondent bears in proving fraud under section 6653(b) or section 6501(c)(1) is one and the same. Ruidoso Racing Association, Inc. v. Commissioner, 476 F.2d 502, 505, 507 (10th Cir. 1973), affg. in part and revg. in part T.C. Memo. 1971-194. Respondent must establish that petitioner underpaid his taxes for each taxable year at issue and that some part of that underpayment was due to petitioner's intent to conceal, mislead, or otherwise prevent the collection of such taxes. Parks v. Commissioner, 94 T.C. 654, 660-661 (1990); Hebrank v. Commissioner, 81 T.C. 640, 642 (1983). For the reasons set forth below, we find that respondent has met her burden. The issue of fraud presents a factual question which must be decided on the basis of an examination of all the evidence in the record. Mensik v. Commissioner, 328 F.2d 147 (7th Cir. 1964), affg. 37 T.C. 703 (1962); Stone v. Commissioner, 56 T.C. 213, 224 (1971); Stratton v. Commissioner, 54 T.C. 255, 284 (1970). Fraud is never presumed; it must be established by some independentPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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