Jerry S. Payne - Page 48

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          stock was received.  Also, petitioner's receipt of the stock in             
          payment for legal services was disguised as a purchase and sale.            
               Respondent has established by clear and convincing evidence that       
          petitioner fraudulently underreported and underpaid his Federal             
          income taxes for 1987 and 1988.  We conclude that the fraud addition        
          to tax applies to the entire underpayment for each year.  Sec.              
          6653(b)(2).                                                                 
               Because petitioner fraudulently filed his 1987 and 1988 Federal        
          income tax returns, the period of limitations does not bar assessment       
          of income tax for those years.  Sec. 6501(c)(1).                            
               Petitioner makes no separate argument for 1987 and 1988                
          regarding the substantial understatement addition to tax.  In light         
          of our findings and conclusions herein regarding petitioner’s failure       
          to report his correct income for 1987 and 1988, we sustain                  
          respondent’s determination of the substantial understatement                
          addition.                                                                   
               To reflect the foregoing,                                              

                                             Decisions will be entered                
                                        under Rule 155.                               













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