-35- C. Additions to Tax for Fraud Under Section 6653(b) 1. Background Respondent determined that petitioners are liable for additions to tax for fraud for 1983, 1984, 1985, 1986, and 1987. For 1983, 1984, and 1985, if any part of a tax underpayment is due to fraud, the addition to tax under section 6653(b)(1) is 50 percent of the underpayment, and the addition to tax under section 6653(b)(2) is 50 percent of the interest payable under section 6601 for that part of the underpayment that is due to fraud. For 1986 and 1987, the addition to tax for fraud under section 6653(b)(1)(A) is 75 percent of the part of the underpayment that is due to fraud, and the addition to tax under section 6653(b)(1)(B) is 50 percent of the interest payable under section 6601 for that part of the underpayment that is due to fraud. Under section 6653(b)(1)(A) and (B), if respondent establishes that part of the underpayment is due to fraud, the additions to tax apply to the entire underpayment except with respect to any part that petitioners show is not due to fraud. Sec. 6653(b)(2). Respondent has the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b). For purposes ofPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011