- 62 - United States v. Massei, 355 U.S. 595 (1958) (per curiam); Holland v. United States, 348 U.S. 121, 137-138 (1954); United States v. Smith, 890 F.2d 711, 714 (5th Cir. 1989). We have concluded that respondent has proved likely sources for the unreported income and negated petitioners’ claimed nontaxable source for those excess applications of funds. Respondent’s negation of a nontaxable source combined with petitioners’ concessions relating to items reflected in respondent’s source and application of funds analyses for Frank and Katherine, Larry, Ronnie, and Sylvia establish that Frank and Katherine omitted income for each year in issue. Each omission of income resulted in a deficiency in tax; Frank and Katherine’s omissions of income over the years in issue, thus, clearly and convincingly establish underpayments of tax for 1983 through 1990.26 See, e.g., Biaggi v. Commissioner, T.C. Memo. 2000-48, affd. in unpublished opinion __ F.3d __ (2d Cir. 2001). Accordingly, we hold that respondent has satisfied the first element of establishing fraud by showing through clear and convincing evidence that Frank and Katherine had underpayments of tax for each of the years in issue. We next address whether 26 However, see infra sec. I.C. of this Opinion wherein we discuss various adjustments we have made to the source and application of funds analyses for purposes of deciding the amount of understated income for each year in issue.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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