Ramon and Irma Ortiz - Page 17

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          To the contrary, petitioners assert that they are not liable for            
          the penalties.                                                              
               A.  Fraud Generally                                                    
               Under section 6663(a), if any part of any underpayment of              
          tax is due to fraud, a 75-percent penalty is added to the portion           
          of the underpayment attributable to fraud.  Respondent has the              
          burden of proving that some portion of an underpayment is                   
          attributable to fraud by clear and convincing evidence.  Sec.               
          7454(a); Rule 142(b); Castillo v. Commissioner, 84 T.C. 405, 408            
          (1985); Stone v. Commissioner, 56 T.C. 213, 220 (1971).  However,           
          once respondent establishes that any portion of the underpayment            
          is attributable to fraud, the entire underpayment is treated as             
          attributable to fraud, unless the taxpayer establishes otherwise.           
          Sec. 6663(b).                                                               
               To meet the burden of proof, respondent must establish:  (1)           
          That the taxpayer has underpaid his or her taxes for each year;             
          Parks v. Commissioner, 94 T.C. 654, 660 (1990); Otsuki v.                   
          Commissioner, 53 T.C. 96, 105 (1969); and (2) that some part of             
          the underpayment was due to the taxpayer's intent to conceal,               
          mislead, or otherwise prevent the collection of such taxes.  Sec.           
          6653(b); Scallen v. Commissioner, 877 F.2d 1364, 1369 (8th Cir.             
          1989), affg. T.C. Memo. 1987-412; Stoltzfus v. United States, 398           
          F.2d 1002, 1004 (3d Cir. 1968); Parks v. Commissioner, supra at             
          660-661; Hebrank v. Commissioner, 81 T.C. 640, 642 (1983); Rowlee           
          v. Commissioner, 80 T.C. 1111 (1983).                                       




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