Chung Ui Kim and Ok Hui Kim - Page 12




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          nontaxable source, respondent may satisfy his burden by                       
          disproving the nontaxable source so alleged.  See United States               
          v. Massei, 355 U.S. 595 (1958); Parks v. Commissioner, supra.                 
               We find that respondent has proven by clear and convincing               
          evidence a likely source of the underreported deposits; i.e.,                 
          that they are income from TBJ’s sales.  We also find that                     
          respondent has disproven, by clear and convincing evidence, the               
          nontaxable source alleged by petitioners.  Petitioners’                       
          explanation of loans and inheritances from their relatives is                 
          implausible and incredible.  The first prong is satisfied.                    
               b.   Fraudulent Intent                                                   
               Respondent must prove that some portion of the underpayment              
          was due to fraud.  See Professional Servs. v. Commissioner, 79                
          T.C. 888, 930 (1982).                                                         
               Fraud is an intentional wrongdoing designed to evade a tax               
          believed to be owing.  See United States v. Walton, 909 F.2d 915,             
          926 (6th Cir. 1990); Miller v. Commissioner, 94 T.C. 316, 332                 
          (1990).  The existence of fraud is a question of fact.  See                   
          King’s Court Mobile Home Park v. Commissioner, 98 T.C. 511, 516               
          (1992).  Fraud is never presumed or imputed; it must be                       
          established by some independent evidence of fraudulent intent.                
          See Otsuki v. Commissioner, 53 T.C. 96, 106 (1969); Beddow v.                 
          Commissioner, supra.  Because direct proof of the taxpayer’s                  
          intent is rarely available, fraud may be proven by circumstantial             






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