John S. Fagan - Page 3




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          $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 for           







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