James E. and Chung H. Peacock - Page 37

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          (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 (6th             






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