John W. Marsh - Page 23




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               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...)           





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