Thomas G. Roots - Page 16

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               Respondent determined that the deficiencies for 1984, 1985,            
          1986, and 1987 were attributable to fraud.  Respondent must prove           
          her determinations of fraud by clear and convincing evidence.               
          Sec. 7454(a); Rule 142(b); Rowlee v. Commissioner, 80 T.C. 1111,            
          1123 (1983).  Fraud requires a showing that the taxpayer intended           
          to evade a tax known or believed to be owing.  Stoltzfus v.                 
          United States, 398 F.2d 1002, 1004 (3d Cir. 1968).  In order to             
          carry the burden of proof on the issue of fraud, respondent must            
          prove that:  (1) Petitioner underpaid his tax in each year and              
          (2) some part of each underpayment was due to fraud.  See Lee v.            
          Commissioner, T.C. Memo. 1995-597.  With respect to section                 
          6653(b)(1)(A) and (B), applicable to petitioner's 1986 and 1987             
          taxable years, if respondent establishes that some part of                  
          petitioner's underpayment was due to fraud, the entire                      
          underpayment is treated as attributable to fraud unless                     
          petitioner proves otherwise.  Sec. 6653(b)(2).  With respect to             
          section 6653(b)(2), applicable to petitioner's 1984 and 1985                
          taxable years, respondent must prove the portion of the                     
          deficiency that is attributable to fraud.  Sec. 6653(b)(2);                 
          Franklin v. Commissioner, T.C. Memo. 1993-184.                              
               1.  Underpayment                                                       
               Based on our careful review of the record, we find that                
          respondent has clearly and convincingly proven that petitioner              
          underpaid his taxes for 1984, 1985, 1986, and 1987.  The record             
          clearly convinces us that petitioner had significant amounts of             




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