Alton C. Bingham - Page 12

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          C.   Whether Petitioner Is Liable for the Addition to Tax for               
               Fraud                                                                  
               1.   Background                                                        
               Respondent determined that petitioner is liable for the                
          addition to tax for fraud under section 6653(b) for 1984.  For              
          1984, if any part of a tax underpayment is due to fraud, the                
          addition to tax for fraud under section 6653(b)(1) is 50 percent            
          of the total underpayment of tax, and the addition to tax under             
          section 6653(b)(2) is 50 percent of the interest payable under              
          section 6601, but only with respect to that part of the                     
          underpayment that is due to fraud.  Respondent has the burden of            
          proving by clear and convincing evidence that petitioner                    
          fraudulently underpaid tax.  Sec. 7454(a); Rule 142(b); Stoltzfus           
          v. United States, 398 F.2d 1002, 1004-1005 (3d Cir. 1968).  To              
          meet the burden of proof, respondent must show that:  (1) An                
          underpayment exists; and (2) the taxpayer intended to evade taxes           
          known to be owing by conduct intended to conceal, mislead, or               
          otherwise prevent the collection of taxes.  Parks v.                        
          Commissioner, 94 T.C. 654, 660-661 (1990).                                  
               2.   Underpayment                                                      
               As discussed above at paragraph II-B-1, petitioner is                  
          collaterally estopped by his conviction under section 7206(1)               
          from denying that he failed to report a substantial amount of               








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