- 72 - Petitioners paid an annual percentage rate of 18.13 percent on at least $5,000 of that amount. All of the cash advances were taken before Michael bought the Metairie Court property, when, according to Michael’s testimony, he had cash remaining in the box. Petitioners have not provided, and we cannot discern, any reasonable explanation for their willingness to pay high interest rates on cash advances when they allegedly had a substantial cash hoard. Based on the foregoing indicia of fraud, we conclude that respondent has proved by clear and convincing evidence that some or all of the underpayments of tax that result from Michael’s failure to report all of his plumbing business Schedule C gross receipts were due to Michael’s fraud. We have so found. We hold for respondent on this issue. C. Amounts; Burdens of Proof In parts II-A and II-B of this opinion, respondent had the burden of proving, by clear and convincing evidence, that there were underpayments of tax, some part of which was due to Michael’s fraud; respondent carried this burden for each year in issue. (1) Under section 6663(b), the entire underpayment of tax for each year is treated as attributable to fraud, “except with respect to any portion of the underpayment which the taxpayerPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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