- 16 - 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 ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011