Ted W. Gleave - Page 67

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          1981, and 1982, which taxes Gleave knew or believed he owed, by             
          conduct intended to conceal, mislead, or otherwise prevent the              
          collection of taxes.                                                        
               We hold for respondent on this issue.18                                
               C. Additional Amount for Portion Attributable to Fraud                 
               The additional amount added to the tax under section                   
          6653(b)(2) is equal to 50 percent of the interest payable under             
          section 6601 and applies only to the portion of the underpayment            
          that is attributable to fraud.  In the notices of deficiency                
          respondent determined that this additional amount applies to the            
          entire deficiencies determined against Kenmore for its fiscal               
          1982, and Gleave for 1982.  Respondent has the burden of proving            
          by clear and convincing evidence what portion of the deficiency             
          is attributable to fraud.  Sec. 7454(a); Rule 142(b).19                     


               18   Because of our holding on this issue, we do not reach             
          the alternative contention that Gleave is liable for additions to           
          tax, under secs. 6651 (failure to timely file tax returns) and              
          6653(a)(negligence, etc.), which respondent asserted in the                 
          answer.                                                                     
               19   Sec. 1503(a) of TRA 86, 100 Stat. 2742, amended sec.              
          6653(b)(2) to provide as follows:                                           
               SEC. 6653.  ADDITIONS TO TAX FOR NEGLIGENCE AND FRAUD.                 
                              *   *   *   *   *   *   *                               
                    (b) Fraud.--                                                      
                              *   *   *   *   *   *   *                               
                         (2) Determination of portion attributable to                 
                    fraud.--If the Secretary establishes that any portion             
                    of an underpayment is attributable to fraud, the entire           
                    underpayment shall be treated as attributable to fraud,           
                                                             (continued...)           




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