Estate of Frank Johnson - Page 13




                                       - 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

Last modified: May 25, 2011