- 22 - due to fraud within the meaning of section 6663. See DiLeo v. Commissioner, supra at 885-886; Amos v. Commissioner, 43 T.C. 50, 54-56 (1964), affd. 360 F.2d 358 (4th Cir. 1965). Respondent has shown by clear and convincing evidence that petitioner fraudulently understated income for 1991. The classic indicia of fraud have been shown in this case. Respondent has shown: A pattern of fraudulent activity; concealment; and large consecutive understatements of income. In addition, we have considered the fact that petitioner pleaded guilty to criminal tax evasion for 1992, a year in which the pattern of activity and gravity of the understatement were essentially the same as in 1991. Respondent also determined that petitioners were liable for self-employment tax under section 1402 on the earnings from Gene’s. Earnings from self-employment are income derived by an individual from any trade or business carried on by the individual. Petitioners did not brief8 this issue, and there is nothing in the record showing respondent’s determination to be in error. Accordingly, petitioners are liable for self-employment tax on the earnings from Gene’s. 8 With respect to the final two issue discussed in this opinion, petitioners failed to present argument, reply to respondent’s argument, or otherwise discuss the issues in their briefs. Failure to discuss an argument on brief has been held to constitute an abandonment of the controversy. See Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988).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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