Duncan & Associates - Page 14

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          acknowledged that petitioner’s 1990 return fraudulently under-              
          stated petitioner’s income by $125,000 and that petitioner’s 1991           
          return understated petitioner’s income by $150,000.  Moreover, in           
          petitioner’s response, petitioner admits that “There clearly are            
          monies due and owing the IRS which the petitioner admits to and             
          wants to settle.”                                                           
               On the instant record, we find that respondent has estab-              
          lished by clear and convincing evidence that there was an under-            
          payment of petitioner’s tax for each of its taxable years 1990              
          and 1991.                                                                   
               In order to prove fraudulent intent, the Commissioner must             
          prove by clear and convincing evidence that the taxpayer intended           
          to evade tax, which the taxpayer believed to be owing, by conduct           
          intended to conceal, mislead, or otherwise prevent the collection           
          of such tax.  Laurins v. Commissioner, 889 F.2d 910, 913 (9th               
          Cir. 1989), affg. Norman v. Commissioner, T.C. Memo. 1987-265;              
          Parks v. Commissioner, supra.  The existence of fraud is a                  
          question of fact to be resolved upon consideration of the entire            
          record.  DiLeo v. Commissioner, supra at 874; Gajewski v. Commis-           
          sioner, 67 T.C. 181, 199 (1976), affd. without published opinion            
          578 F.2d 1383 (8th Cir. 1978).  Fraud is never presumed or                  
          imputed and should not be found in circumstances which create at            
          most only suspicion.  Toussaint v. Commissioner, 743 F.2d 309,              
          312 (5th Cir. 1984), affg. T.C. Memo. 1984-25; Petzoldt v.                  






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