-18- Evid. 803(8); see Little v. Commissioner, T.C. Memo. 1996-270. Respondent has not proven fraud regarding petitioner's receipt of the land sale proceeds ($676,721) because respondent did not prove by clear and convincing evidence that petitioner did not return any of those proceeds to the Lopps in 1984 or hold the funds for them in 1984 (i.e., that the proceeds were income to petitioner in 1984), or that petitioner's underpayment of tax on that income was due to fraudulent intent. Respondent points out that petitioner used an incorrect Social Security number on the time deposits and the loan applications (i.e., he used 530-23-2619 instead of 530-26-2319). Respondent contends that petitioner did this intentionally to try to make the transactions untraceable to him. However, respondent did not prove that petitioner intentionally used an incorrect Social Security number. Reversing two digits in a Social Security number may cause suspicions, but absent evidence that petitioner purposely altered his Social Security number at the time of these transactions, it does not in itself prove fraud. We will not find fraud under circumstances which at most create suspicion. Davis v. Commissioner, 184 F.2d 86, 87 (10th Cir. 1950); Katz v. Commissioner, 90 T.C. 1130, 1144 (1988); Green v. Commissioner, 66 T.C. 538, 550 (1976). Petitioner was acquitted of embezzlement and failure to report as income $676,721 from the Lopps' sale of land. Respondent has not shown by clear and convincing evidence that petitioner's underpayment of taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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