- 29 - opaque series of transfers in 1987 and 1988. Petitioner knew about but did not report the diverted payments. This badge of fraud applies to petitioner for 1987 and 1988 because he knowingly diverted NSA’s payments for his personal use in both years. Petitioners contend that the fact that respondent took 8 to 10 years to determine the taxation of the unreported income in dispute here shows that respondent had doubts about this case and so has not proven by clear and convincing evidence that petitioner and TCM are liable for fraud for the years in issue. We disagree. Petitioner should not benefit from the fact that it took respondent a long time to penetrate the maze petitioner chose to create. Respondent has clearly and convincingly proven that petitioner had the requisite fraudulent intent, and that all of petitioner’s underpayments are due to fraud.11 Thus, petitioner is liable for the addition to tax for fraud under section 6653(b) for 1987 and 1988. b. Fraud as to TCM We have found that petitioner is liable for the fraud penalty for 1987 and 1988. See paragraph B-4-a, above. 11 Even if we found that respondent established by clear and convincing evidence that petitioner is liable for fraud only on the payments he diverted from TCM to Double D or his own checking account, the burden would then shift to petitioner to show how much of the underpayment is not due to fraud. Sec. 6653(b)(2). Petitioner has not shown that any of the underpayments for 1987 and 1988 was not due to fraud.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011