- 37 -
ted them of violating section 7201 for 1986 and 1988 (jury
verdict).
After the jury verdict, petitioners filed a motion for
judgment of acquittal with respect to the guilty jury verdict for
1987. On September 30, 1994, the presiding judge issued a
memorandum order in which he granted that motion, and a judgment
of acquittal was entered.
On July 26, 1995, the Court of Appeals for the First Circuit
reversed the judgment entered by the District Court and rein-
stated petitioners' criminal conviction under section 7201 for
1987. Petitioners petitioned the U.S. Supreme Court for a writ
of certiorari. That petition was denied on or about November 29,
1995, and petitioners' conviction under section 7201 for 1987
became final.
OPINION
Respondent bears the burden of proof on the fraud issue, and
that burden must be satisfied by clear and convincing evidence.
Sec. 7454(a); Rule 142(b). Petitioners bear the burden of
proving that respondent's deficiency determinations and those
under section 6661(a) are erroneous.14 Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933).
14 Petitioners contend on brief that, because they are not
liable for the additions to tax for fraud, the respective periods
of limitations for 1986 and 1988 have expired. See sec. 6501(a),
(c)(1). We find below that respondent has established fraud for
1986 and 1988. Consequently, the respective periods of limita-
tions for each of those years have not expired. Sec. 6501(c)(1).
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