Raymond E. Roth - Page 10

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               Respondent has proven by clear and convincing evidence that            
          for 6 consecutive years petitioner received advertising revenue             
          in amounts ranging from $44,125 to $77,175 per year, and                    
          averaging more than $56,000 per year.  For 4 of these years                 
          petitioner omitted all of these receipts, for the other 2 years             
          petitioner omitted about half of these receipts.  For these 6               
          years petitioner omitted taxable income in amounts ranging from             
          $26,670 to $57,505 per year, and averaging more than $35,000 per            
          year.  This pattern of consistent underreporting of income is               
          strong evidence of fraudulent omissions of income, which resulted           
          in underpayments of tax for each of the 6 years in issue.                   
               When the foregoing is combined with petitioner’s failure to            
          produce to respondent any records or other information with                 
          respect to sales of advertising, in connection with respondent’s            
          examination of petitioner’s income tax liabilities for the 6                
          years in issue, we conclude that respondent has proven by clear             
          and convincing evidence that a part or all of the underpayment              
          for each of the years in issue is due to petitioner’s fraud.                
               Petitioner has not alleged in the pleadings that any part of           
          the deficiency for any of the years in issue is not due to fraud.           
               We hold that respondent’s motion for judgment on the                   
          pleadings should be granted as to both the determined                       
          deficiencies and the additions to tax under sections 6651(f),               
          6654, and 6663.  To reflect this,                                           





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