- 67 - 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...)Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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