- 3 - $970,000 from marijuana trafficking activities and that he “did willfully attempt to evade and defeat the said income tax due” on that amount in violation of section 7201. On November 28, 1997, the District Court entered a judgment in the criminal case against Fagan finding him guilty, inter alia, of the offense of Income Tax Evasion under section 7201 for the year 1987. Fagan had pleaded guilty to Counts One, Two, and Three of the Information, described above. Fagan was represented by his then attorney, Christopher H. Wing. Section 6653(b)(1)(A) provides an addition to tax if any part of the underpayment was due to fraud, in the amount of 75 percent of the portion of the underpayment attributable to fraud. Section 6653(b)(1)(B) provides an addition to tax equal to 50 percent of the interest due with respect to the portion of the underpayment that is attributable to fraud. To establish fraud under section 6653(b) respondent must prove by clear and convincing evidence: (1) That there was an underpayment of tax for each year; and (2) that a portion of the underpayment for each year was due to fraud. Sec. 7454(a); Rule 142(b). To establish that there was an underpayment and that a portion of the underpayment for each year was due to fraud, respondent relies on petitioner’s criminal conviction under section 7201. Respondent argues that petitioner’s conviction forPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011