- 290 - of the years in issue (1) the existence of an underpayment of tax each year attributable to transactions related to the Five, and (2) that the underpayment of that tax is due to fraud. However, if respondent establishes that there are underpayments of tax from transactions related to the Five that are attributable to fraud, the amount of the addition under section 6653(b) for 1978 through 1981 and under section 6653(b)(1) for 1982 through 1985 is equal to 50 percent of the entire underpayment of tax, including any portion of the underpayment not related to transactions related to the Five. Additionally, if respondent satisfies his burden for 1988 and 1989, the amount of the addition or penalty is equal to 75 percent of the entire underpayment, unless petitioners establish that any portion of an underpayment (resulting from the other issues decided in these cases) is not attributable to fraud. D. Underpayments of Tax Respondent must first prove by clear and convincing evidence that Ballard, Lisle, and Kanter each underpaid their taxes for each of the years at issue on income attributable to transactions related to the Five. Section 61(a) defines gross income to include "all income from whatever source derived". In addition, the Supreme Court has determined that gross income includes all "'accessions to wealth, clearly realized, and over which the taxpayers havePage: Previous 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 Next
Last modified: May 25, 2011