- 16 - is deemed to have admitted receiving taxable income for all years at issue and failing to file returns for those years reporting the income. Hence, respondent has shown by clear and convincing evidence that an underpayment exists for all years at issue. As to evidence that some portion of the underpayment for the tax years 1985, 1986, and 1987 is due to fraud, a conviction for willful attempt to evade or defeat income taxes under section 7201 precludes a taxpayer in a subsequent civil tax proceeding from denying that an underpayment in his income tax for the taxable year of conviction was due to fraud. Tomlinson v. Lefkowitz, 334 F.2d 262, 265 (5th Cir. 1964); Amos v. Commissioner, 43 T.C. 50, 53-56 (1964), affd. 360 F.2d 358 (4th Cir. 1965). It has been stipulated that petitioner was convicted under section 7201 for tax years 1985, 1986, and 1987 in the U.S. District Court for the Southern District of Texas, and the judgment became final in August 1994. Thus, petitioner is precluded from denying that underpayments of his income taxes for 1985, 1986, and 1987 were due to fraud. Consequently, respondent's motion for summary judgment on the fraud issue as to 1985, 1986, and 1987 will be granted. As to evidence that some portion of the underpayment for the tax years 1982, 1983, 1984, and 1988 is due to fraud, the Commissioner meets her burden of proof if it is shown that the taxpayer intended to evade taxes known to be owing by conduct intended to conceal, mislead, or otherwise prevent the collectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011