- 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). ThePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011