- 23 - Respondent's fraud determinations were made in relation to three separate statutory regimes. For the taxable years 1986 and 1987, the addition to tax for fraud is equal to 75 percent of the portion of any underpayment attributable to fraud, plus 50 percent of the interest due on that portion. See sec. 6653(b)(1)(A) and (B). If respondent establishes that any portion of the underpayment for 1986 or 1987 is attributable to fraud, then the entire underpayment is to be treated as attributable to fraud, except with respect to any portion of the underpayment that petitioner establishes is not attributable to fraud. See sec. 6653(b)(2). For 1988 the fraud addition to tax was changed by the enactment of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, section 1015(b)(2)(B), 102 Stat. 3369.5 The 5 The relevant provision provided: SEC. 6653(b) Fraud.-- (1) In General.--If any part of any underpayment (as defined in subsection (c)) of the 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. (2) * * * If the Secretary establishes that any portion of an underpayment is attributable to fraud, the entire underpayment shall be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer (continued...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011