- 102 - We have found that respondent proved with clear and convincing evidence that Frank and Katherine fraudulently understated their income for the years in issue. Thus, respondent has proved that Frank and Katherine are liable for the additions to tax for fraud under section 6653(b) and penalties for fraud under section 6663. Accordingly, we sustain respondent’s determination as to the imposition of additions to tax, or penalties, for fraud for each of the years in issue. However, as to the interest-sensitive additions to tax imposed under section 6653(b)(2) for 1983, 1984, and 1985,30 we sustain respondent’s determination only as to the portion of the underpayments of tax for each of those years that respondent has shown to be attributable to fraud in accordance with our findings addressed in subsection B of this opinion. 2. Section 6661 Respondent determined that petitioners are liable for the addition to tax under section 6661 for 1983 through 1988 as a result of the "substantial understatement of income tax" in each of those years. If there is a substantial understatement of income tax, section 6661(a) imposes an addition to tax equal to 25 percent of the underpayment attributable to the 30 For 1986 and 1987, petitioners have the burden of establishing what portion, if any, of the understatement is not attributable to fraud. Sec. 6653(b)(2). They have failed to carry that burden.Page: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
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