- 22 - Fraud Penalty Respondent determined that petitioner fraudulently omitted income from his individual 1991 and 1992 returns on which there are underpayments of $10,488, and $10,600, respectively. Respondent determined that the entire underpayment for each of the years 1991 and 1992 is attributable to fraud. Therefore, respondent determined that petitioner is liable for civil fraud penalties under section 6663 of $7,866 and $7,950, respectively. Respondent also determined that petitioners fraudulently omitted income from their joint 1993 return on which there is an underpayment of $32,114. As to 1993, respondent also determined that the entire underpayment is attributable to fraud and that some part of the underpayment is due to the fraud of both petitioners. Therefore, respondent determined that petitioners are both liable for a civil fraud penalty under section 6663 of $24,086 for 1993. Section 6663(a) provides that, if any part of an underpayment 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. The Commissioner bears the burden of proving by clear and convincing evidence: (1) An underpayment exists; and (2)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011