- 122 - 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.Page: Previous 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Next
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