-30-                                          
               Our conclusions regarding fraud are also sufficient under              
          section 6501(c)(1) to overcome the bar of the statute of                    
          limitations for that year.  See Stone v. Commissioner, 56 T.C.              
          213, 228 (1971).  Therefore, it is not necessary for us to                  
          discuss whether respondent has proven a substantial omission of             
          income for purposes of section 6501(e)(1).                                  
               For 1990 and 1991, respondent bases her determination of               
          fraud on petitioners' failure to report income allegedly                    
          embezzled from Kortava and on postponement of reporting income              
          from the vehicle resale business.  Respondent has not proven by             
          clear and convincing evidence that petitioner embezzled money               
          from Kortava or that petitioners failed to report money received            
          from Kortava as income with knowledge that the funds were                   
          taxable.  Although petitioner exercised control over the funds              
          and was high-handed in his use of them, leading to a dispute with           
          Kortava, it is not clear that petitioner intended permanently to            
          deprive Kortava of his funds.  Respondent has not disproved                 
          petitioners' explanation that they were investing money in real             
          estate and in other businesses in accordance with an agreement              
          with Kortava, as demonstrated by their return of $165,000 of                
          Kortava's money on his demand.  See, e.g., Baumgardner v.                   
          Commissioner, 251 F.2d 311, 322 (9th Cir. 1957), affg. T.C. Memo.           
          1956-112; Ishijima v. Commissioner, T.C. Memo. 1994-353.  We are            
          not convinced that reporting income in 1991 instead of 1990 was             
          due to fraud.                                                               
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