- 13 - Although petitioner does not dispute that his tax lia- bility for each of the years 1993, 1994, and 1995 exceeds his prepayment credits for each of those years, he alleges on brief that "Respondent has not established * * * an underpayment of tax" for 1992. We disagree. Although petitioner initially claimed that there was an overpayment for 1992, he ultimately conceded before the trial in this case that there is no over- payment for 1992. Moreover, the record establishes, and we have determined, that, after taking into account the concessions by the parties with respect to 1992, petitioner has a tax liability for that year which is in excess of the prepayment credits that he has for that year (viz., estimated tax payments totaling $6,300). To prove fraudulent intent, respondent must prove by clear and convincing evidence that the taxpayer intended to evade tax that he or she believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of such tax. See Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Parks v. Commissioner, 94 T.C. 654, 661 (1990); 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 of the entire record. See DiLeo v. Commissioner, 96 T.C. 858, 874 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Recklitis v. Commis- sioner, 91 T.C. 874, 909 (1988); Gajewski v. Commissioner, 67Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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