Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 58

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          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 taxpayer              





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