- 11 - 6661 addition to tax but has not averred any facts in support of that assignment. We assume that petitioner relies on our finding no (or reduced) deficiencies to support his assignment of error. Petitioner bears the burden of proof. Rule 142(a). We do not find any reduced deficiencies (except as necessary to take into account one adjustment agreed to by the parties); therefore, petitioner has failed to carry his burden of proof, and we sustain the determination of additions to tax under section 6661, modified to take account of the agreement of the parties. IV. Additions to Tax for Fraud Respondent also determined additions to tax for fraud under section 6653(b)(1) and (2) for 1985 and under section 6653(b)(1)(A) and (B) for 1986 and 1987. For 1985, section 6653(b)(1) imposes an addition to tax equal to 50 percent of any underpayment in tax if any part of the underpayment is due to fraud; section 6653(b)(2) imposes a separate addition to tax, equal to 50 percent of the interest payable under section 6601, determined on the portion of the underpayment attributable to fraud. For 1986 and 1987, section 6653(b)(1)(A) imposes an addition to tax equal to 75 percent of any underpayment in tax if any part of the underpayment is due to fraud; section 6653(b)(1)(B) imposes a separate addition to tax, equal to 50 percent of the interest payable under section 6601, determined on the portion of the underpayment attributable to fraud.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011