Sam and Anna Zhadanov, et al. - Page 37




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               Mr. Zhadanov’s 1993 return actually showed the Social                  
          Security benefits he received during 1993 (line 21(a)), but the             
          return does not contain a completed entry on the relevant income            
          line (line 21(b)).  Mr. Zhadanov admitted at trial that he                  
          received the Social Security benefits in question and that he did           
          not pay tax on those benefits for 1993, but he did not present              
          any additional evidence or make any further argument regarding              
          respondent’s adjustment.  We conclude, therefore, that Mr.                  
          Zhadanov has conceded this issue (assuming that the issue is not            
          computational in nature), Bradley v. Commissioner, 100 T.C. 367,            
          370 (1993); Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988),            
          and sustain respondent’s adjustment accordingly.18                          
               B.  Fraud Penalty Determined Against the Zhadanovs                     
               Respondent determined that the Zhadanovs were jointly liable           
          for a fraud penalty under section 6663 for 1990, 1991 and 1992,             
          and that Mr. Zhadanov and Mrs. Zhadanov were each liable for a              
          fraud penalty for 1993.  Respondent bears the burden of proving             
          by clear and convincing evidence that an underpayment exists and            
          that the underpayment is attributable to fraud.  Sec. 7454(a);              
          Rule 142(b).                                                                



               18We note, however, that Mr. Zhadanov’s 1993 return showed a           
          negative adjusted gross income figure and no taxable income.                
          Even after Mr. Zhadanov’s deemed concession is taken into                   
          account, it does not appear that Mr. Zhadanov will have any                 
          underpayment of tax for 1993, but we leave that analysis to the             
          Rule 155 calculation.                                                       





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