- 7 - payments from Brockland Pontiac as income. Mr. Welker also admitted that he did not believe that his tax returns for the years in issue, as well as 1983, were true and correct as to every material matter. On December 14, 1990, as a result of Mr. Welker's plea of guilty in the criminal tax case, the United States District Court for the Southern District of Illinois found Mr. Welker guilty of violating section 7206(1) for 1984 and 1986. OPINION Addition to Tax for Fraud The addition to tax 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). Fraud is intentional wrongdoing on the part of the taxpayer with the specific purpose to evade a tax believed to be owing. McGee v. Commissioner, 61 T.C. 249, 256 (1973), affd. 519 F.2d 1121 (5th Cir. 1975). The Commissioner has the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b). To satisfy the burden of proof, the Commissioner must show: (1) An underpayment exists; and (2) the taxpayer intended to evade taxes known to be owing by conduct intended to conceal, mislead, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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