- 18 - statutory notice of deficiency, respondent's trial memorandum, or respondent's brief as to the particular charitable contributions against which respondent asserts the fraud penalty. Section 6663(b) provides that if respondent establishes that any part of any underpayment of tax required to be shown on a return is due to fraud, the entire underpayment shall be treated as attributable to fraud and subjected to a 75 percent penalty unless the taxpayer establishes, by the preponderance of the evidence, that some part of the underpayment is not attributable to fraud. Respondent bears the burden to prove by clear and convincing evidence: (1) An underpayment of tax by the taxpayer; and (2) that some part of the underpayment is due to fraud. Sec. 7454(a); Rule 142(b); Clayton v. Commissioner, 102 T.C. 632, 646 (1994); King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 515-516 (1992). We have already decided that petitioners underpaid their Federal income taxes for 1991 and 1992 due to: (1) Petitioners' concessions regarding the claimed real estate tax deduction and unreported interest income, and (2) our holdings that they are not entitled to the entire amounts of the claimed charitable contribution or any casualty loss deductions. Therefore, we address whether such underpayments are due to fraud. Fraud is established by proving that a taxpayer intended to evade tax believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of such tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011