Carlye A. Christianson - Page 17




                                       - 17 -                                         
          T.C. 632, 653 (1994).  Respondent must prove under section                  
          6651(f) that petitioner's tax liability for each year at issue              
          exceeds her prepayment credits and that her failure to file a               
          return for each such year was due to fraud.  See secs. 7454(a),             
          6651(a)(1), (b)(1); Rule 142(b); see also Clayton v. Commis-                
          sioner, supra.  The parties have stipulated that petitioner is              
          liable for, and they signed the 1985-1990 Form 870 in which                 
          petitioner agreed that she is liable for, additional taxes of               
          $7,103, $15,975, $12,291,6 $16,569, $17,310, and $39,239 for 1985           
          through 1990, respectively.  On the record before us, we find               
          that respondent has established by clear and convincing evidence            
          that for each of the years 1985 through 1988 petitioner has an              
          underpayment and that for each of the years 1989 and 1990 she has           
          a tax liability that exceeds her prepayment credits.                        
               To prove fraudulent intent, respondent must prove by clear             
          and convincing evidence that the taxpayer intended to evade taxes           
          that he or she believed to be owing by conduct intended to                  
          conceal, mislead, or otherwise prevent the collection of such               
          taxes.  See Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d             
          Cir. 1968); Parks v. Commissioner, 94 T.C. 654, 661 (1990); see             
          also Laurins v. Commissioner, 889 F.2d 910, 913 (9th Cir. 1989),            
          affg. Norman v. Commissioner, T.C. Memo. 1987-265.  The existence           
          of fraud is a question of fact to be resolved upon consideration            

               6The tax liability for 1987 does not take into account                 
          estimated and other tax payments for that year totaling $6,500.             




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