Walter L. Medlin - Page 35

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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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