Rogelio R. Balot and Zenaida V. Balot - Page 17




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          each of these underpayments was due to the fraud of both Rogelio            
          and Zenaida.                                                                
               We hold that petitioners failed to prove, by a preponderance           
          of the evidence, that (1) any part of the underpayments for 1991            
          and 1992 was not due to fraud, (2) any of the deficiency                    
          determinations for 1991, 1992, or 1993 in the notice of                     
          deficiency was excessive, and (3) any part of the 1993                      
          underpayment was not due to petitioners’ negligence.                        
               We consider first 1991 and 1992, the years as to which                 
          respondent determined fraud.  We then consider 1993.                        
                                   II.  1991-1992                                     
               Respondent contends (1) that petitioners underpaid their               
          taxes for 1991 and 1992, and (2) that all of petitioners’ 1991              
          and 1992 underpayments are due to fraud and thus, petitioners are           
          liable for the fraud additions to tax under section 6663.                   
               Petitioners contend (1) that they did not underpay their               
          taxes for 1991 and 1992, and (2) that respondent has not met                
          respondent’s burden of proof on the fraud issue.  Petitioners               
          maintain (A) that respondent’s use of the bank deposits method of           
          income reconstruction was not appropriate, and (B) that even if             
          use of the bank deposits method was appropriate, petitioners’               
          excess deposits are attributable to nontaxable sources.                     
          Alternatively, petitioners contend that if they have underpaid              
          their taxes, then any additions to tax are not appropriate                  






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