- 24 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011