Stephen S. Wang, Jr. - Page 24

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          under section 6653(a)(1)(A) and (B).9  Section 6653(b)(1)(A)                
          imposes an addition to tax equal to 75 percent of the                       
          underpayment attributable to fraud.  Additionally, section                  
          6653(b)(1)(B) imposes an addition to tax equal to 50 percent of             
          the interest due on an underpayment attributable to fraud.                  
          Respondent has the burden of proving fraud by clear and                     
          convincing evidence.  Rule 142(b).  To satisfy this burden,                 
          respondent must prove that petitioner intended to evade taxes by            
          conduct intended to conceal, mislead, or otherwise prevent the              
          collection of taxes.  Parks v. Commissioner, 94 T.C. 654, 661               
          (1990); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).                  




               9 Respondent determined additions to tax for 1987 under sec.           
          6653(b)(1)(A) and (B), the version of sec. 6653(b) that applied             
          to petitioner’s 1987 return.  See Tax Reform Act of 1986 (TRA),             
          Pub. L. 99-514, sec. 1503(a), 100 Stat. 2085, 2742.  In the                 
          answer, respondent incorrectly alleged that the fraud additions             
          for 1987 should have been asserted under sec. 6653(b)(1) and (2),           
          a prior version of sec. 6653(b).  Similarly, in the answer,                 
          respondent asserted alternate additions to tax for negligence for           
          1987 under sec. 6653(a)(1) and (2), a prior version of sec.                 
          6653(a).  The version of sec. 6653(a) applicable to taxable year            
          1987 is sec. 6653(a)(1)(A) and (B).  TRA sec. 1503(a).                      
               With respect to the fraud additions to tax, the deficiency             
          notice cited the version of sec. 6653(b) applicable to the year             
          in issue and properly informed petitioner of respondent’s                   
          determination.  Respondent’s assertion in the answer of a prior             
          version of sec. 6653(a) and (b) for the additions is an error in            
          form only and does not have a substantive effect on this case.              
          In any event, citation of a prior version of sec. 6653(a) and (b)           
          is immaterial to the outcome of the case because respondent bears           
          the burden on both the fraud and negligence additions to tax.               
          See Rule 142.                                                               





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