Robert G. Bacon and Barbara Bacon - Page 19




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          petitioners’ assertion in this regard.  Thus, we find that the              
          bank deposit analysis does not have to be adjusted for this item.           
          II.  Fraud                                                                  
               The next issue is whether any part of the underpayment of              
          income tax for each year in issue is due to fraud.  Respondent’s            
          notice of deficiency determined that petitioners are liable for             
          the addition to tax for fraud imposed under section 6653(b)(1)21            
          for the taxable year 1988 and penalties under section 6663(a)22             
          for the taxable years 1989, 1990, and 1991.  Each section imposes           
          an addition to tax or penalty equal to 75 percent of the portion            
          of an underpayment that is attributable to fraud.  Additionally,            
          each section provides that if any portion of an underpayment is             
          attributable to fraud, the entire underpayment is treated as                
          attributable to fraud, unless the taxpayer proves that some                 
          portion of the underpayment is not due to fraud.  Finally, in the           
          case of a joint return, the fraud penalty does not apply with               


               21Sec. 6653(b) provides, in part:                                      
                    SEC. 6653(b). Fraud.--                                            
                    (1) In general.--If any part of any underpayment                  
               * * * of tax required to be shown on a return is due to                
               fraud, there shall be added to the tax an amount equal                 
               to 75 percent of the portion of the underpayment which                 
               is attributable to fraud.                                              
               22Sec. 6663(a) provides:                                               
                    SEC. 6663(a). Imposition of Penalty.--If any part                 
               of any underpayment of tax required to be shown on a                   
               return is due to fraud, there shall be added to the tax                
               an amount equal to 75 percent of the portion of the                    
               underpayment which is attributable to fraud.                           



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