Roy G. and Dorothy M. Welker - Page 8

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          otherwise prevent the collection of taxes.  See Parks v.                     
          Commissioner, 94 T.C. 654, 660-661 (1990).  The Commissioner must            
          meet this burden through affirmative evidence because fraud is               
          never imputed or presumed.  Beaver v. Commissioner, 55 T.C. 85,              
          92 (1970).                                                                   
               A.   Underpayment of Tax                                                
               Petitioners admitted in their amended returns that they had             
          underreported, in their original returns, cash payments from                 
          Brockland Pontiac for each year in issue.  The filing of those               
          amended returns is an admission of an underpayment of tax for                
          each of those years.  See Badaracco v. Commissioner, 464 U.S.                
          386, 399 (1984).                                                             
               B.   Fraudulent Intent                                                  
               The Commissioner must prove that a portion of such                      
          underpayment for each taxable year was due to fraud.                         
          Professional Servs. v. Commissioner, 79 T.C. 888, 930 (1982).                
          The existence of fraud is a question of fact to be resolved from             
          the entire record.  Gajewski v. Commissioner, 67 T.C. 181, 199               
          (1976), affd. without published opinion 578 F.2d 1383 (8th Cir.              
          1978).  Because direct proof of a taxpayer's intent is rarely                
          available, fraud may be proven by circumstantial evidence and                
          reasonable inferences may be drawn from the relevant facts.                  
          Spies v. United States, 317 U.S. 492, 499 (1943); Stephenson v.              







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