-12- 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011