- 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
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