- 8 - T.C. 661, 698 (1989). Whether fraud exists is a question of fact to be resolved upon review of the entire record. See Gajewski v. Commissioner, 67 T.C. 181, 199 (1976), affd. without published opinion 578 F.2d 1383 (8th Cir. 1978). "Fraud is never presumed." Beaver v. Commissioner, 55 T.C. 85, 92 (1970). "Facts deemed admitted pursuant to Rule 37(c) are considered conclusively established and may be relied upon by the government even in relation to issues where the government bears the burden of proof." Baptiste v. Commissioner, 29 F.3d 1533, 1537 (11th Cir. 1994), affg. T.C. Memo. 1992-198; see also Doncaster v. Commissioner, supra at 336-338 (holding that deemed admissions under Rule 37(c) are sufficient to satisfy the Government's burden of proof with respect to the issue of fraud). Based on the facts asserted in respondent's answer, which facts are deemed admitted, there is no genuine issue of material fact with respect to respondent's determinations. Petitioner is deemed to have fraudulently understated by $187,745 his Schedule C gross receipts for the year in issue. Petitioner knowingly prepared a false 1993 tax return with the intent to evade tax when he: (1) Overstated his exemptions, (2) overstated his standard deduction for married persons, (3) underreported his self-employment taxes, and (4) understated his income tax liability. Petitioner's fraudulent actions, as set forth above, are part of a 2-year pattern of fraud in which petitioner engagedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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