- 20 -20 line of credit format and that he never designated the payments as principal or interest. Petitioner asserts that he paid as much $1,000 per week to Irvington Federal, with a $25,000 initial payment. Mr. Ottey acknowledged that at times petitioner paid as much as $1,000 a week and in 1988 petitioner paid "a total of maybe $50,000". Mr. Ottey further acknowledged that as of the date of petitioner's sentencing (November 20, 1990), petitioner had repaid $91,804 to Irvington Federal. On the basis of the record, we conclude that petitioner made restitution to Irvington Federal as follows: $39,082 in 1988, $33,693 in 1989, and $19,029 in 1990. Consequently, we hold that petitioners are entitled to reduce their income for each of the years in issue by those respective amounts. Issue 2. Fraud Addition to Tax and Penalties The second issue for decision is whether petitioner is liable for the fraud addition to tax or penalties for each year in issue. Respondent determined the fraud addition to tax for 1988 pursuant to section 6653(b)(1) and fraud penalties for 1989 and 1990 pursuant to section 6663. Petitioner asserts that he lacked the necessary intent to evade taxes. Respondent has the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b). Respondent must show that the taxpayer intended to evade taxes known to be owing byPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011