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          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.                                                       
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