Thomas L. and Laura L. Gordon - Page 9

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                                       OPINION                                        
               Respondent argues that petitioners underreported their                 
          income for 1986 with the intent to evade tax.  Petitioners                  
          contend that, although they did deposit and expend large amounts            
          of cash during 1986, the income that respondent alleges was                 
          unreported was actually cash that petitioners had saved during              
          previous years.                                                             
               The addition to tax in the case of fraud is a civil sanction           
          provided primarily as a safeguard for the protection of the                 
          revenue and to reimburse the Government for the heavy expense of            
          investigation and for the loss resulting from the taxpayer's                
          fraud.  Helvering v. Mitchell, 303 U.S. 391, 401 (1938).                    
          Respondent has the burden of proving, by clear and convincing               
          evidence, an underpayment for each year and that some part of an            
          underpayment for each year was due to fraud.  Sec. 7454(a); Rule            
          142(b).  If respondent establishes that any portion of the                  
          underpayment is treated as attributable to fraud, the entire                
          underpayment is treated as attributable to fraud and subject to             
          the 75-percent addition to tax unless the taxpayer establishes              
          that some part of the underpayment is not attributable to fraud.            
          Sec. 6653(b).                                                               
               The existence of fraud is a question of fact to be resolved            
          upon consideration of the entire record.  Gajewski v.                       
          Commissioner, 67 T.C. 181, 199 (1976), affd. without published              
          opinion 578 F.2d 1383 (8th Cir. 1978).  Fraud will never be                 




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