John Boyd Tenney - Page 18

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          return for every month the return is late, but not to exceed 75             
          percent.                                                                    
               To establish fraud for each of the years in issue,                     
          respondent has the burden to prove by clear and convincing                  
          evidence that a taxpayer underpaid the taxpayer's correct tax               
          liability and that part of the underpayment was due to fraudulent           
          intent.  Sec. 7454(a); Rule 142(b); Zell v. Commissioner, 763               
          F.2d 1139, 1142 (10th Cir. 1985), affg. T.C. Memo. 1984-152;                
          Clayton v. Commissioner, 102 T.C. 632, 646 (1994); Recklitis v.             
          Commissioner, 91 T.C. 874, 909 (1988).                                      
               Where allegations of fraud are intertwined with unreported             
          and indirectly reconstructed income, respondent is required to              
          establish a likely source for the alleged unreported income.                
          DiLeo v. Commissioner, 96 T.C. 858, 873 (1991), affd. 959 F.2d 16           
          (2d Cir. 1992); Parks v. Commissioner, 94 T.C. at 661.                      
               With respect to the fraud addition to tax only, bank                   
          deposits will not be treated as taxable income unless respondent            
          proves a likely taxable source of the bank deposits or disproves            
          nontaxable sources alleged by the taxpayer.  Parks v.                       
          Commissioner, supra at 661.                                                 
               For fraud purposes, a taxpayer is generally required to                
          present probative evidence of deductions not previously claimed             
          before respondent bears any burden of proof with regard to                  
          alleged additional deductions claimed by a taxpayer.  See United            






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