Hugh Wilkinson and Evelyn Wilkinson - Page 10

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               The additions to tax for fraud are civil sanctions "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 the taxpayer's fraud."  Helvering v.             
          Mitchell, 303 U.S. 391, 401 (1938).  Fraud is defined as                     
          intentional wrongdoing on the part of the taxpayer with the                  
          specific purpose of evading a tax believed to be owing.  Miller              
          v. Commissioner, 94 T.C. 316, 332 (1990); Petzoldt v.                        
          Commissioner, 92 T.C. 661, 698 (1989).  Section 7454 provides in             
          pertinent part that "In any proceeding involving the issue                   
          whether the petitioner has been guilty of fraud with intent to               
          evade tax, the burden of proof in respect of such issue shall be             
          upon the Secretary."  Furthermore, Rule 142(b) requires that this            
          burden be carried by clear and convincing evidence.  Castillo v.             
          Commissioner, 84 T.C. 405, 408 (1985).                                       
               Under section 6653(b)(1), the fraud addition is imposed                 
          where there is an underpayment of tax required to be shown on the            
          return that is due to fraud.  Once an underpayment of tax has                
          been established, fraud is shown by proof that the taxpayer                  
          intended to conceal, mislead, or otherwise prevent the collection            
          of his or her taxes.  Spies v. United States, 317 U.S. 492, 499              
          (1943); Douge v. Commissioner, 899 F.2d 164, 168 (2d Cir. 1990);             
          Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968);              
          Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).  Under section            






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