Alton C. Bingham - Page 18

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          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 tax                   




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