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Commissioner need only show that there is “some underpayment” for
each of the tax years at issue. Langworthy v. Commissioner, T.C.
Memo. 1998-218.
Since petitioner’s returns for 1985, 1986, and 1988 were not
filed timely, respondent computed the fraud penalty on the basis
of petitioner’s total tax liability for each year without
reduction for amounts shown on petitioner’s untimely returns.
See sec. 6653(c)(1) (parenthetical). On the record before us, we
hold that respondent has met his burden of proving by clear and
convincing evidence an underpayment for each of the tax years
1985, 1986, 1987, and 1988.
1. Underpayment for 1985
For 1985, petitioner has specifically conceded the following
amounts as income, see appendix C:
Income item Amount
Schedule C miscellaneous income $12,357
Gains from property sales 185,661
Schedule C interest income 40,479
Commission income 30,249
Unidentified deposits 1,700
Total 270,446
In addition, petitioner did not address on brief the following
items of income:
79(...continued)
relies upon as clear and convincing evidence of an underpayment.
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