Zinovy Brodsky - Page 66




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          of establishing an underpayment by either:  (1) Proving a likely             
          source of the unreported income or (2) disproving the nontaxable             
          source(s) that the taxpayer alleges for the unreported income.               
          Parks v. Commissioner, supra at 661.                                         
               On the instant record, we find that respondent has estab-               
          lished by clear and convincing evidence a likely source of                   
          petitioner’s unreported income for each of the years at issue,               
          viz., the various Schedule C and other income-producing activi-              
          ties in which petitioner engaged during each of those years.106              
          On the record before us, we find that respondent has established             
          by clear and convincing evidence that there was an underpayment              
          of petitioner’s tax for each of the years 1991 through 1993.                 
               Fraudulent Intent                                                       
               To prove fraudulent intent, the Commissioner must prove by              
          clear and convincing evidence that the taxpayer intended to evade            
          tax, which he or she believed to be owing, by conduct intended to            
          conceal, mislead, or otherwise prevent the collection of such                
          tax.  Laurins v. Commissioner, 889 F.2d 910, 913 (9th Cir. 1989),            
          affg. Norman v. Commissioner, T.C. Memo. 1987-265; Parks v.                  
          Commissioner, supra at 661.  The existence of fraud is a question            
          of fact to be resolved upon consideration of the entire record.              
          DiLeo v. Commissioner, supra at 874; Gajewski v. Commissioner, 67            

               106Petitioner’s failure to contest certain amounts of unre-             
          ported income determined for 1991 and 1993, certain amounts of               
          claimed cost of goods sold disallowed for 1991, 1992, and 1993,              
          and certain amounts of claimed Schedule C expenses disallowed for            
          1991 and 1992, which we have found constitutes an abandonment by             
          petitioner of those items, also establishes by clear and convinc-            
          ing evidence that an underpayment exists for each of the years at            
          issue.                                                                       



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