Charles M. Worthley - Page 7

                                        - 7 -                                          

               A.  Underpayment                                                        
               Where a taxpayer does not file a return, the underpayment               
          equals the correct tax due.  See sec. 6653(c)(1).  Respondent                
          contends that petitioner underpaid his taxes by $216,827 (i.e.,              
          the amount that respondent contends is the correct tax due).  In             
          1983, petitioner reported and paid $178,191 of his 1980 tax                  
          liability.  Respondent contends that the remaining portion of the            
          underpayment, $38,636, was attributable to petitioner's failure              
          to report as income:  (1) The $5,845 vacation allowance; (2) the             
          $328,455.37 long-term capital gain (resulting in a $79,024                   
          increase in net capital gain income); and (3) $3,468 that                    
          Measurex paid the IRS in satisfaction of petitioner's Federal                
          income tax liability.  Respondent has established by clear and               
          convincing evidence that there is an underpayment of petitioner's            
          tax for 1980.                                                                
               B.  Fraudulent Intent                                                   
               To prove fraud, respondent must establish that petitioner               
          intended to evade taxes through conduct designed to conceal,                 
          mislead, or otherwise prevent the collection of taxes.  Rowlee v.            
          Commissioner, 80 T.C. 1111, 1123 (1983).  Fraudulent intent is               
          not to be imputed or presumed but may be established by                      
          circumstantial evidence and reasonable inferences drawn from the             
          facts.  Spies v. United States, 317 U.S. 492, 499 (1943);                    
          Petzoldt v. Commissioner, supra; Stephenson v. Commissioner, 79              
          T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984).  The              



Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011