- 58 - 6. Fraud Penalty Respondent determined that the estate is liable for the fraud penalty under section 6663(a). Respondent determined that the fraud penalty applies to the underpayment of tax attributable to the omission of assets, the undervaluation of assets, and the deduction for Ms. Trompeter's claim. Section 6663(a) imposes a 75-percent penalty on an underpayment that is attributable to fraud. See also sec. 6664(a) (definition of "underpayment"). When respondent proves that some part of an underpayment is attributable to fraud, the entire underpayment is attributable to fraud unless the taxpayer proves otherwise. Sec. 6663(b). Section 6663(a) does not reach any portion of an underpayment for which there is reasonable cause or for which the taxpayer acted in good faith. Sec. 6664(c). Respondent must prove fraud by clear and convincing evidence. Sec. 7454; Rule 142(b); see also Castillo v. Commissioner, 84 T.C. 405, 408 (1985). Respondent must prove that the estate underpaid its taxes, Lee v. United States, 466 F.2d 11, 16-17 (5th Cir. 1972); Plunkett v. Commissioner, 465 F.2d 299, 303 (7th Cir. 1972), affg. T.C. Memo. 1970-274; Parks v. Commissioner, 94 T.C. 654, 660-664 (1990), and that the estate did so with the requisite fraudulent intent. Fraud requires an intentional wrongdoing on the part of the taxpayerPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
Last modified: May 25, 2011