- 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).Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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