Ted W. Gleave - Page 69

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          (2) Gleave                                                                  
               In part I.B. of this opinion we considered the parties’                
          disputes as to the amounts of Gleave’s income in order to                   
          determine whether respondent proved by clear and convincing that            
          Gleave has an underpayment of tax.  After examining the evidence            
          in the record, we concluded that respondent carried this burden             
          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 1982.                                                        
               In particular, we conclude that respondent has proven by               
          clear and convincing evidence that Gleave omitted from 1982                 
          taxable income $106,038.75 (supra table 10), less the deductions            
          described in our Findings of Fact (supra note 8 and associated              
          text) and his personal exemption, 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.                                      
                             II. Amounts of Deficiencies                              
               In part I of this opinion respondent had the burden of                 
          proving, by clear and convincing evidence, that there were under-           
          payments of tax, some part of which was due to fraud; respondent            
          carried this burden.  Also, in part I.C. of this opinion                    
          respondent had the burden of proving, by clear and convincing               
          evidence, the amounts of petitioners’ underpayments of tax for              






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