Philip E. Parsons and Karen Parsons - Page 9




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          For the same respective years, respondent determined, using the             
          bank deposits and cash expenditures method, that petitioners had            
          unreported income of $57,106 and $35,957.  Petitioners now                  
          concede they had unreported income in these amounts, the source             
          of which was cash proceeds from Cedar Hill’s operations not                 
          deposited into Cedar Hill’s bank accounts but instead retained by           
          petitioners.  Thus, petitioners received from Cedar Hill a total            
          of $82,106 and $65,957 during 1987 and 1988, respectively, while            
          reporting as income only $25,000 and $30,000, respectively, from            
          that source.                                                                
               Respondent determined in addition that the underpayments               
          resulting from the unreported income in each year at issue were             
          due to fraud and that there was a substantial understatement of             
          tax in each year within the meaning of section 6661(a).                     
          Petitioners dispute these determinations.                                   
                                       OPINION                                        
          1.  Fraud                                                                   
               The existence of fraud is a question of fact.  See Hagaman             
          v. Commissioner, 958 F.2d 684, 696 (6th Cir. 1992), affg. and               
          remanding on other grounds T.C. Memo. 1987-549.  Respondent has             
          the burden of proving fraud by clear and convincing evidence.               
          See sec. 7454(a); Rule 142(b).  If respondent establishes that              
          any portion of an underpayment is attributable to fraud, the                
          entire underpayment shall be treated as attributable to fraud,              





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