- 19 - of Trompeter v. Commissioner, 111 T.C. 57, 58 (1998). An underpayment under sections 6663 and 6664(a) has the same meaning as a deficiency in section 6211(a). To prove fraud respondent has presented evidence of and relied on Regal’s conduct with respect to the omitted gross receipts from sales of wheels and axles. However, as a result of the corresponding deductions determined and allowed, these adjustments do not result in underpayments of tax. The underpayments of tax come from other items (i.e., the denied bad debt deduction, the denied deductions for State sales taxes, and unreported volume rebate income). To prove fraud under section 6663(b), respondent is required to prove by clear and convincing evidence that a part of the underpayment for each year is attributable to fraud. Respondent has not clearly and convincingly proven that any part of the underpayment of tax due from Regal for the tax years ending March 31, 1992 and 1993, is attributable to fraud. See Kreimer v. Commissioner, T.C. Memo. 1983-672. Accordingly, we conclude that Regal is not liable for the fraud penalties under section 6663. We now consider whether Mr. Coyle is liable for the fraud penalties. On the basis of our discussion above, we are satisfied that there is an underpayment of tax with respect to commission income required to be shown on each of Mr. Coyle’sPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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