- 15 - petitioner is deemed to have admitted that he received taxable income from various sources, including wages and nonemployee compensation, for all years at issue. Petitioner is further deemed to have admitted that he failed to file Federal income tax returns reporting that income for any year. On the basis of this record, we find that there is no genuine issue of material fact as to the deficiencies and additions to tax under section 6654 for failure to pay estimated tax, and a decision may be rendered as a matter of law. Therefore, respondent's motion for summary judgment will be granted with respect to these issues. 2. Fraud Additions to Tax In order to prevail on the proposed additions to tax for fraud, respondent must prove by clear and convincing evidence that an underpayment exists in the years at issue and that some portion of the underpayment is due to fraud. Sec. 7454(a); Rule 142(b); Petzoldt v. Commissioner, 92 T.C. 661, 699 (1989). For purposes of section 6653(b), an underpayment is the full amount of the tax imposed where the taxpayer fails to file a return. Sec. 6653(c)(1); Bagby v. Commissioner, 102 T.C. 596, 607 (1994); sec. 301.6653-1(c)(1)(ii), Proced. & Admin. Regs. Respondent may meet her burden of proving liability for the additions to tax for fraud by deemed admissions and facts deemed stipulated. Coninck v. Commissioner, 100 T.C. 495, 499 (1993); Smith v. Commissioner, 91 T.C. 1049, 1052-1053 (1988), affd. 926 F.2d 1470 (6th Cir. 1991), and cases cited therein. PetitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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