Walter L. Medlin - Page 31

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                    SEC. 6653(b).  Fraud.--                                           
                    (1)  In general.--If any part of any underpayment                 
               * * * of tax required to be shown on a return is due to                
               fraud, there shall be added to the tax an amount equal                 
               to the sum of--                                                        
                         (A) 75 percent of the portion of the                         
                    underpayment which is attributable to fraud, and                  
                         (B) an amount equal to 50 percent of the                     
                    interest payable under section 6601 with respect                  
                    to such portion for the period beginning on the                   
                    last day prescribed by law for payment of such                    
                    underpayment (determined without regard to any                    
                    extension) and ending on the date of the                          
                    assessment of the tax or, if earlier, the date of                 
                    the payment of the tax.                                           
                    (2)  Determination of portion attributable to                     
               fraud.--If the Secretary establishes that any portion                  
               of an underpayment is attributable to fraud, the entire                
               underpayment shall be treated as attributable to fraud,                
               except with respect to any portion of the underpayment                 
               which the taxpayer established is not attributable to                  
               fraud.                                                                 
          Section 6653(b)(1) and (2), in effect for 1988, provided:                   
                    SEC. 6653(b).  Fraud.--                                           
                    (1)  In general.--If any part of any underpayment                 
               * * * of tax required to be shown on a return is due to                
               fraud, there shall be added to the tax an amount equal                 
               to 75 percent of the portion of the underpayment which                 
               is attributable to fraud.                                              
                    (2) Determination of portion attributable to                      
               fraud.--If the Secretary establishes that any portion                  
               of an underpayment is attributable to fraud, the entire                
               underpayment shall be treated as attributable to fraud,                
               except with respect to any portion of the underpayment                 
               which the taxpayer established is not attributable to                  
               fraud.                                                                 
          Respondent has the burden of proof, sec. 7454(a); Rule 142(b),              
          and he must show by clear and convincing evidence:  (1)                     





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