- 9 - Respondent determined that petitioners underpaid their 1989 income tax by $29. The underpayment was attributable to the overstated short-term capital loss carryover reported and deducted on their 1989 tax return. Petitioners did not present any evidence at trial and did not argue in their brief that respondent's determination of the $29 deficiency is incorrect. We therefore sustain respondent's determination of this deficiency. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 114 (1933); Rapco, Inc. v. Commissioner, 85 F.3d 950, 954 (2d Cir. 1996), affg. T.C. Memo. 1995-128. C. 1988 and 1989 Additions to Tax for Fraud Respondent argues that petitioners are liable for the additions to tax for fraud under section 6653(b)(1) for 1988 and section 6651(f) for 1989. For returns the due date for which is after December 31, 1988, determined without regard to extensions, but before December 31, 1989, section 6653(b)(1) imposes an addition to tax equal to 75 percent of the portion of an underpayment that is due to fraud. In the case of returns the due date for which is after December 31, 1989, determined without regard to extensions, section 6651(f) imposes an addition to tax where a failure to file a return is fraudulent. Because both provisions are analyzed similarly as to the determination of fraudulent intent, we consolidate our discussion of the fraud determinations. Clayton v. Commissioner, 102 T.C. 632, 653 (1994).Page: 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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