- 23 - respondent’s determinations with respect to the unreported income received by petitioner with respect to Pieces of Eight. We accordingly sustain respondent’s determinations of petitioner’s liability for self-employment tax. Sections 6653(b) and 6651(f) Additions to Tax Respondent determined that petitioner is liable for the addition to tax for fraud provided by section 6653(b)(1)(A) and (B) for 1987 and section 6653(b)(1) for 1988. Respondent also determined that petitioner is liable for the addition to tax for fraudulent failure to file a return provided by section 6651(f) for 1989.8 In deciding whether a failure to file is fraudulent, we consider the same elements as are considered in imposing the addition to tax for fraud provided by former section 6653(b) and present section 6663. Clayton v. Commissioner, 102 T.C. at 653. Accordingly, we have consolidated our discussion of respondent’s fraud determinations. 8 Sec. 6664(b) provides that, for tax returns the due date for which (determined without regard to extensions) is after Dec. 31, 1989, neither the negligence penalty provided by sec. 6662 nor the fraud penalty provided by sec. 6663(a) applies where a tax return has not been filed. Clayton v. Commissioner, 102 T.C. 632, 652 (1994). Sec. 6651(f), however, provides that, where a failure to file a return is fraudulent, the addition to tax imposed by section 6651(a) is increased to 15 percent of the amount required to be shown as tax for each month the failure continues, up to a maximum of 75 percent of the amount.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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