Michael James Heun - Page 8

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               Based on our review of the record in this case, respondent             
          has persuaded us by clear and convincing evidence of petitioner's           
          fraudulent intent with respect to the underpayment for each of              
          the years 1984 through 1988 that is attributable to his wage                
          income.  Accordingly, we sustain respondent's determinations (1)            
          for each of the years 1984 and 1985 (a) under section 6653(b)(1)            
          and (b) under section 6653(b)(2) to the extent based on the                 
          previously assessed underpayment for each such year that is                 
          attributable to petitioner's wage income;3 (2) for each of the              
          years 1986 and 1987 under section 6653(b)(1)(A) and (B); and (3)            
          for 1988 under section 6653(b)(1).                                          
               Although respondent has not requested a penalty under                  
          section 6673, this Court is authorized to impose such a penalty             
          in cases where the taxpayer's position is frivolous or groundless           
          or the proceeding was instituted or maintained primarily for                
          delay.  Sec. 6673(a)(1)(A) and (B); Coulter v. Commissioner, 82             
          T.C. 580, 584-586 (1984).  Under the circumstances presented                
          here, we conclude that petitioner's positions in this case that,            


          3  The notice of deficiency for petitioner's taxable years 1984             
          and 1985 determined, inter alia, that petitioner is liable for              
          each such year for the addition to tax under sec. 6653(b)(2) with           
          respect to a previously assessed underpayment that is attribut-             
          able to not only petitioner's wage income for 1984 and 1985 in              
          the amounts of $52,500 and $57,300, respectively, but also                  
          capital gain and interest income of $967 and $1,600, respec-                
          tively.  Respondent has failed to prove the requisite fraudulent            
          intent with respect to such assessed underpayment for each of the           
          years 1984 and 1985 that is attributable to such capital gain and           
          interest income.  See sec. 6653(b)(2).                                      




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