- 16 - the revenue agent on May 21, 1992, around August 13, 1996, the Service corrected that action on its records and reflected on those records an entry for "substitute for return" for each year at issue, which is an administrative entry used in cases where a taxpayer has not filed a return. We hold that petitioner has failed to carry her burden of establishing a prima facie case showing that she filed her returns for the years at issue on May 21, 1992, and that the respective periods of limitations prescribed by section 6501 for those years have expired.5 Since petitioner has failed to establish that those returns were filed on May 21, 1992, the tax for each year at issue may be assessed. See sec. 6501(c)(3). We shall now address the additions to tax under section 6653(b) for 1985 through 1988 and under section 6651(f) for 1989 and 1990. In order for the additions to tax for fraud under section 6653(b) to apply, respondent must prove by clear and convincing evidence that an underpayment exists and that some portion of such underpayment is due to fraud. See sec. 7454(a); Rule 142(b); Niedringhaus v. Commissioner, 99 T.C. 202, 210 (1992). In order for the additions to tax for fraudulent failure to file under section 6651(f) to apply, we must consider essen- tially those same elements. See Clayton v. Commissioner, 102 5We express no opinion herein as to the result that would obtain if petitioner had intended to file the copies of her returns for the years at issue that she presented, through Mr. Golemb, to the revenue agent on May 21, 1992.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011