Paul Arthur Zipp - Page 18

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          Sec. 7454(a); Rule 142(b).  Where fraud is determined for more              
          than 1 year, the Commissioner's burden applies individually to              
          each year.  Barbuto v. Commissioner, T.C. Memo. 1991-342 (citing            
          Estate of Stein v. Commissioner, 25 T.C. 940, 959-963 (1956),               
          affd. per curiam sub nom. Levine v. Commissioner, 250 F.2d 798              
          (2d Cir. 1958)).  To satisfy the burden of proof, the                       
          Commissioner must show two things:  (1) An underpayment exists,             
          and (2) the taxpayer intended to evade taxes known to be owing by           
          conduct intended to conceal, mislead, or otherwise prevent the              
          collection of taxes.  Parks v. Commissioner, 94 T.C. 654, 660-661           
          (1990); Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989).                  
               The first element requires respondent to establish the                 
          existence of an underpayment of tax.  To prove the underpayment             
          respondent cannot rely solely on petitioner's failure to                    
          discharge his burden of proving error in respondent's                       
          determination of deficiencies.  Otsuki v. Commissioner, 53 T.C.             
          96, 106 (1969).  Respondent may prove an underpayment by proving            
          a likely source of the unreported income, Holland v. United                 
          States, 348 U.S. at 137-138, or, where the taxpayer alleges a               
          nontaxable source, by disproving the specific nontaxable source             
          so alleged, United States v. Massei, 355 U.S. 595 (1958).                   
               Through the bank deposits method, respondent has proven                
          petitioner received income from his practice of radiology that he           
          did not report on his Federal income tax returns for each of the            
          years at issue.  Additionally, petitioner took deductions for               



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