Charles E. Campbell - Page 13

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                  The additions to tax for fraud are civil sanctions "provided                           
            primarily as a safeguard for the protection of the revenue and to                            
            reimburse the government for the heavy expense of investigation                              
            and the loss resulting from the taxpayer's fraud."  Helvering v.                             
            Mitchell, 303 U.S. 391, 401 (1938).  Fraud is defined as                                     
            intentional wrongdoing on the part of the taxpayer with the                                  
            specific purpose of evading a tax believed to be owing.  Mitchell                            
            v. Commissioner, 118 F.2d 308, 310 (5th Cir. 1941); Petzoldt v.                              
            Commissioner, 92 T.C. 661, 698 (1989).  Section 7454 states in                               
            pertinent part that "In any proceeding involving the issue                                   
            whether the petitioner has been guilty of fraud with intent to                               
            evade tax, the burden of proof in respect of such issue shall be                             
            upon the Secretary."  Rule 142(b) requires that this burden be                               
            carried by clear and convincing evidence.  Castillo v.                                       
            Commissioner, 84 T.C. 405, 408 (1985).                                                       
                  Under section 6653(b)(1)(A) for 1987 and section 6653(b)(1)                            
            for 1988, the fraud addition is imposed where there is an                                    
            underpayment of tax required to be shown on the return that is                               
            due to fraud.  Fraud is shown by proof that the taxpayer intended                            
            to conceal, mislead, or otherwise prevent the collection of his                              
            or her taxes.  Spies v. United States, 317 U.S. 492, 499 (1943);                             
            Stoltzfus v. Unites States, 398 F.2d 1002, 1005 (3d Cir. 1968);                              
            Webb v. Commissioner, 394 F.2d 366, 377 (5th Cir. 1968), affd.                               







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