- 19 - markup of inventory, and thus he based the amount of the percentage markup entirely on interviews with petitioners. Because of those flaws and weaknesses, we place no reliance on petitioners’ expert’s opinion. Moreover, respondent’s bank deposits analysis was properly and conservatively used. Therefore, petitioners have not shown that the percentage markup method they used would more accurately reflects Gene’s gross receipts for the years in issue. Accordingly, respondent’s determinations with regard to petitioners’ understatements of income is upheld for 1991 and 1992. Having decided that there was unreported income for 1991 and 1992, we now consider, for 1991, whether the understatement was due to fraud within the meaning of section 6663.7 Respondent determined that petitioner fraudulently and with intent to evade income tax understated his income by omitting $223,673 and $161,789 of gross receipts for 1991 and 1992, respectively. Fraud is defined as an intentional wrongdoing designed to evade tax believed to be owing. Edelson v. Commissioner, 829 F.2d 828, 833 (9th Cir. 1987), affg. T.C. Memo. 1986-223. Respondent bears the burden of proving fraud by clear and convincing evidence. Rule 142(b). In order to prove fraud, the Commissioner must show the 7 Respondent has conceded that petitioner Jin Y. Choi is not liable for the fraud penalty for the 1991 tax year.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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