- 68 - (1) Kenmore In part I.A. of this opinion, we considered the parties’ disputes as to the amounts of Kenmore’s income in order to determine whether respondent proved by clear and convincing evidence that Kenmore has an underpayment of tax. After examining the evidence in the record, we concluded that respondent carried this burden of proof for each of the years in issue. This conclusion applies also to our consideration of the additional addition to tax under section 6653(b)(2) for Kenmore’s fiscal 1982. In particular, we conclude that respondent has proven by clear and convincing evidence that (consistent with our holding supra in part I.A.) Kenmore omitted from taxable income $345,556.67 for its fiscal 1982 (supra table 4), and that the underpayment of tax resulting from this omission is attributable to fraud. We hold for respondent as to the amount of underpayment resulting from this omission; we hold for petitioner as to any other amount of underpayment for 1982. 19(...continued) except with respect to any portion of the underpayment which the taxpayer establishes is not attributable to fraud. This amendment placed the burden of proof on the taxpayer to establish that a portion of the deficiency was not attributable to fraud. The amendment applies to tax returns the due date of which is after Dec. 31, 1986, and so does not affect the instant cases.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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