Gabriel Lopez - Page 14




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                  rejected so often that no one who, like Burdett, claims                              
                  to have researched the question could still sincerely                                
                  believe that someone in Burdett’s circumstances was                                  
                  exempt from the tax laws.                                                            
            Id. at 229-230.                                                                            
            C.    Conclusion                                                                           
                  After reviewing all of the facts and circumstances, we                               
            conclude that petitioner’s Cheek defense is without merit and                              
            that respondent has proven by clear and convincing evidence that                           
            for each of the years in issue petitioner’s entire underpayment                            
            was attributable to fraud.  Accordingly, we sustain the additions                          
            to tax and penalties for fraud.                                                            
                  To reflect the foregoing,                                                            
                                                            Decision will be entered                   
                                                      for respondent.                                  

























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