-37- (1971), affd. 470 F.2d 87 (1st Cir. 1972); Stone v. Commissioner, 56 T.C. 213, 227-228 (1971). 2. Underpayment of Tax for the Years in Issue Petitioners argue that respondent has not proven by clear and convincing evidence that petitioners underpaid tax. Respondent may prove that an underpayment exists by proving that the taxpayer had a likely source of unreported income, Holland v. United States, 348 U.S. at 137-138; or, if a taxpayer alleges that he or she had a nontaxable income source, by disproving the alleged nontaxable source, United States v. Massei, 355 U.S. 595 (1958). Petitioners underreported their income by $82,961 in 1983, $45,598 in 1984, $8,608 in 1985, $60,788 in 1986, and $29,822 in 1987. Petitioner-husband testified that petitioners earned about $20,000 per month from their saunas. Petitioners reported significantly less than that amount each year in issue. We conclude that respondent has proven by clear and convincing evidence that petitioners unreported their income for each of the years in issue. 3. Fraudulent Intent Fraudulent intent may be proven by circumstantial evidence. Edelson v. Commissioner, 829 F.2d 828, 832 (9th Cir. 1987), affg. T.C. Memo. 1986-223; Rowlee v. Commissioner, supra; Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6thPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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