- 18 - For 1989, respondent determined that petitioner is liable for fraud and that the fraud is attributable to the taxable income relating to the unexplained bank deposits and the reimbursements for leasehold improvements. For 1990, respondent determined that petitioner is liable for fraud and that the fraud is attributable to the taxable income relating to the unexplained bank deposits, the reimbursements for leasehold improvements, and the $359 of claimed depreciation expense. For the years in issue, under section 6663(a), a penalty of 75 percent applies to the portion of an understatement of tax that is attributable to fraud. To establish fraud, respondent is required to prove that the understatement is due to fraudulent intent. See sec. 7454(a); Rule 142(b); DiLeo v. Commissioner, 959 F.2d 16 (2d Cir. 1992), affg. 96 T.C. 858, 873 (1991). Respondent has the burden of proving fraud by clear and convincing evidence. See sec. 7454(a); Rule 142(b); Bagby v. Commissioner, 102 T.C. 596, 607 (1994). Where allegations of fraud are intertwined with unreported and indirectly reconstructed income, respondent is required to establish a likely taxable source for alleged unreported income or to disprove nontaxable sources alleged by the taxpayer. See DiLeo v. Commissioner, 96 T.C. at 873; Parks v. Commissioner, 94 T.C. 654, 661 (1990).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011