- 10 - relating to the deposits to the checking account, one-half of which is then charged to petitioners. Bank Deposits Net Income Identified as of Roofing Gross Receipts Average Business on Unidentified One-half of Roofing Net Profit Identified Bank Taxable Charged to Year Business Margin Bank Deposits Deposits Income* Petitioners 1993 $490,009 20% $ 98,002 $ 17,727 $115,875 $57,938 1994 426,843 25% 106,711 51,061 157,939 78,970 1995 197,965 18% 35,634 133,369 169,032 84,516 * As indicated, also included in the taxable income for each year is interest income relating to the checking account in the respective amounts of $146, $167, and $29. 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, supra at 661.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011