Charles T. Wickersham and Sandra J. Wickersham - Page 16

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               While the section 7206(1) conviction may raise our                     
          suspicions, mere suspicion does not prove fraud, and we cannot              
          find that respondent sustained his heavy burden to prove fraud by           
          clear and convincing evidence.  See Rinehart v. Commissioner,               
          T.C. Memo. 1983-184.  After reviewing all of the facts and                  
          circumstances, we conclude that respondent has failed to prove              
          clearly and convincingly that for 1989 Mr. Wickersham intended to           
          evade taxes known to be owing by conduct intended to conceal,               
          mislead, or otherwise prevent the collection of taxes.                      
          Accordingly, we do not sustain the fraud penalty for 1989.                  
          II.  Period of Limitations/Deficiency for 1989                              
               Respondent issued the statutory notice of deficiency in the            
          case at bar more than 6 years after petitioners filed the 1989              
          return.  The 1989 return is not a false or fraudulent tax return            
          with the intent to evade tax.  See supra pp. 10-17.  Therefore,             
          section 6501(c)(1) is inapplicable to the case at bar, and the              
          assessment of any deficiency for 1989 is barred by the expiration           
          of the period of limitations provided by section 6501.                      
          Accordingly, the issue of whether there is a deficiency for 1989            
          is moot.                                                                    
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for petitioners.                         







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