- 69 - (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 forPage: 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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