- 580 - Issue 31. Whether IRA Is Liable for the Fraud Addition to Tax for 1987 OPINION In an amended answer, respondent alleged that IRA was liable for the addition to tax for fraud under section 6653(b) for 1987, based on improper deductions claimed by IRA for certain bad debts and capital losses. Although the Court has sustained respondent's disallowance of these claimed deductions and losses, it has done so, in some instances, because of IRA's failure to establish that (1) the purported sales of many of the assets were bona fide transactions, and (2) the purported buyer was not a related party under section 267. Nevertheless, insofar as IRA's liability for an addition to tax under section 6653(b) for 1987 is concerned, respondent bears the burden of proving, by clear and convincing evidence, that some part of the underpayment for that year resulting from these disallowed deductions and losses was due to fraud. See sec. 7454(a); Rule 142(b). Although IRA addressed this issue in its briefs, respondent failed to do so. We therefore conclude that respondent abandoned the fraud issue as to IRA for 1987. Accordingly, we hold that IRA is not liable for the addition to tax for fraud under section 6653(b) for that year.Page: Previous 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 Next
Last modified: May 25, 2011