- 25 - (6th Cir. 1994), affg. T.C. Memo. 1992-616. Section 7454(a) provides that, in any case involving the issue of fraud with intent to evade tax, the burden of proof in respect of that issue is on respondent. Respondent’s burden of proof with respect to the issue of fraud is to be carried by clear and convincing evidence. Rule 142(b). Fraud is not to be presumed or based upon circumstantial evidence which creates merely a suspicion of fraud. Wainwright v. Commissioner, T.C. Memo. 1993-302 (citing Carter v. Campbell, 264 F.2d 930, 935 (5th Cir. 1959)). To support a finding of tax fraud, respondent must show that the taxpayer engaged in conduct with the intent to evade taxes that he knew or believed to be owing. United States v. Walton, 909 F.2d 915, 926 (6th Cir. 1990). Direct evidence of intent is often unavailable and unnecessary; the courts may infer fraudulent intent from strong circumstantial evidence. Id. In fraud cases, it may happen that, although the taxpayer fails to overcome the presumption of correctness as to the asserted deficiencies in tax, the Commissioner will also fail to establish that the same deficiencies were the result of fraud. "Both parties to a proceeding may fail through inadequate proof on the several issues." Kashat v. Commissioner, 229 F.2d 282, 285 (6th Cir. 1956), affg. in part and revg. in part a Memorandum Opinion of this Court dated March 29, 1954. "That this differing burden of proof in the Tax Court can have an importantPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011