Compact Equipment Company - Page 26




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          petitioner’s deductions of the credit card charges, the Atkinsons           
          are liable for the fraud addition to tax under section 6653(b)(1)           
          on the underpayment associated with the failure to include in               
          income the credit card charges.  The Atkinsons are liable for the           
          fraud addition to tax under section 6653(b)(2) only on the                  
          underpayment attributable to the fraudulent failure to include in           
          income the construction expenses.                                           
               B.  1986 Calendar Year                                                 
               In 1986, Congress amended section 6653(b), effective for tax           
          returns with a due date after December 31, 1986.  See Tax Reform            
          Act of 1986, Pub. L. 99-514, sec. 1503, 100 Stat. 2085, 2742.               
          Congress consolidated the fraud additions to tax, formerly under            
          section 6653(b)(1) and (2), into section 6653(b)(1).  Through               
          amended section 6653(b)(1), Congress provided that only the                 
          portion of the underpayment attributable to fraud would be                  
          subject to the fraud additions to tax:                                      
               SEC. 6653(b) Fraud.--                                                  
                    (1) In General.--If any part of any underpayment (as              
               defined in subsection(c)) of tax required to be shown on a             
               return is due to fraud, there shall be added to the tax an             
               amount equal to the sum of–-                                           
                         (A) 75 percent of the portion of the underpayment            
                    which is attributable to fraud, and                               
                         (B) an amount equal to 50 percent of the interest            
                    payable under section 6601 with respect to such portion           
                    * * *                                                             
               Under amended section 6653(b)(2), however, once the                    






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