- 22 - 1991, respectively. Petitioner, however, has failed to prove that more than two-thirds of the yearend balances did not constitute income. To the extent petitioner's yearend adjustments exceed two-thirds of the yearend balances, we sustain respondent's determination.5 Fraud The addition to tax or penalty in the case of fraud is a civil sanction provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from a taxpayer's fraud. Helvering v. Mitchell, 303 U.S. 391, 401 (1938). Respondent has the burden of proving, by clear and convincing evidence, an underpayment for each year and that some part of the underpayment was due to fraud. Sec. 7454(a); Rule 142(b). To satisfy his burden of proof, respondent must show two things: (1) An underpayment exists; and (2) the taxpayer intended to evade taxes known to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes. Parks v. Commissioner, 94 T.C. 654, 660-661 (1990). The mere failure to report income, however, is not sufficient to establish fraud. Switzer v. Commissioner, 20 T.C. 759, 765 (1953). If 5 Except for 1991, if no part of an underpayment for a tax year is due to fraud, respondent is barred from assessing a deficiency resulting from the yearend ledger adjustment issue pursuant to sec. 6501(a). See discussion of limitations period, infra.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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