- 21 - uphold respondent’s determination that the amount of $105,000 be included in petitioner's 1989 gross income.4 3. Fraud Respondent determined that petitioner is liable for an addition to tax for fraud for each of the years 1986, 1987, 1988, and 1989. Respondent bears the burden of proof on this issue. See sec. 7454(a); Rule 142(b). In order to discharge the burden, respondent must prove by clear and convincing evidence: (1) An underpayment exists for each year in issue, and (2) some portion of the underpayment for that year is due to fraud. See sec. 7454(a); Petzoldt v. Commissioner, 92 T.C. 661, 699 (1989). In order to show fraud respondent must show that petitioner intended to evade taxes known to be owing by conduct designed to conceal, mislead, or otherwise prevent the collection of taxes. See Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). Fraud is intentional wrongdoing on the part of the taxpayer with the specific intent to evade a tax known to be owing. See Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Conforte v. Commissioner, 692 F.2d 587, 592 (9th 4Petitioner has made no claim for deductions of legal fees and costs in the event we were to find the $105,000 includable in gross income; therefore, we express no opinion on the deductibility of these items under the particular facts of this case.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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