Richard P. Console - Page 7




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          Investigation Division.  He was involved with petitioner’s grand            
          jury investigation and testified that he had prepared reports and           
          computations of petitioner’s tax liabilities exclusively for use            
          in the grand jury proceedings.  He also testified that he was               
          unaware that any of those reports or computations were used by              
          respondent in the course of the audit underlying the notice of              
          deficiency.  The second witness, one of respondent’s revenue                
          agents, provided no testimony that would support petitioner’s               
          allegation.                                                                 
               On the record before us, we are unpersuaded that respondent            
          relied on any grand jury material in the formulation of the                 
          notice of deficiency.  We hold that the notice of deficiency is             
          valid.  Accordingly, we sustain respondent’s determination as to            
          the deficiencies and the additions to tax under section 6661(a).            
               We turn next to respondent’s determination that petitioner             
          is liable for the additions to tax for fraud under section                  
          6653(b) and an accuracy-related penalty for fraud under section             
          6663.  Respondent must prove this determination by clear and                
          convincing evidence.  Sec. 7454(a); Rule 142(b); Castillo v.                
          Commissioner, 84 T.C. 405, 408 (1985); Rowlee v. Commissioner, 80           
          T.C. 1111, 1113 (1983).  An addition to tax (or accuracy-related            
          penalty) for fraud is a civil sanction “provided primarily as a             
          safeguard for the protection of the revenue and to reimburse the            
          Government for the heavy expense of investigation and the loss              






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