Joseph Alan Piole - Page 28




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          attempted to challenge various matters that were deemed admitted            
          under Rule 90(c).  In particular, petitioner testified that:  (1)           
          The purchase price of the Babcock property was only $30,000 (as             
          opposed to the $55,000 determined by respondent); (2) the                   
          improvements to the Babcock property cost only $103,000 (as                 
          opposed to the $162,000 determined by respondent); (3) his                  
          parents paid $15,000 of his child-support obligation in 1990; and           
          (4) his parents paid a substantial portion of the purchase price            
          of the Rinker boat.                                                         
               Petitioner's testimony at trial lacked credibility and was             
          contradicted by respondent's witness, Special Agent Gary                    
          Makovsky.  On the basis of our review of the entire record                  
          herein, we find petitioner's assertions to be contrived and                 
          unpersuasive.                                                               
          Respondent also determined that petitioner is liable for the                
          addition to tax for fraud for the taxable year 1988 and the fraud           
          penalty for the taxable years 1989, 1990, and 1991.  Respondent             
          must prove fraud by clear and convincing evidence.  See sec.                
          7454(a); Rule 142(b); Rowlee v. Commissioner, 80 T.C. 1111, 1123            
          (1983).                                                                     
               Fraud requires a showing that the taxpayer intended to evade           
          a tax known or believed to be owing.  See Stoltzfus v. United               
          States, 398 F.2d 1002, 1004 (3d Cir. 1968).  The existence of               
          fraud is a question of fact.  See Gajewski v. Commissioner, 67              






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