- 135 - Respondent has proven by clear and convincing evidence that petitioner received taxable income of $137,04386 in 1988. Respondent has also proven that petitioner is liable for self- employment taxes of $5,859 for 1988. Respondent has proven an underpayment for 1988 by clear and convincing evidence. 5. Conclusion Respondent has proven underpayments by clear and convincing evidence for 1985, 1986, 1987, and 1988. B. Fraudulent Intent 1. Clear and Convincing Evidence of Fraud Respondent must show that a portion of the underpayment is attributable to fraud. Fraud is established where the Commissioner shows that “the taxpayer intended to evade taxes that he knew or believed to be owing by conduct intended to conceal, mislead or otherwise prevent the collection of such taxes.” Korecky v. Commissioner, 781 F.2d 1566, 1568 (11th Cir. 1986), affg. T.C. Memo. 1985-63; see also Webb v. Commissioner, 394 F.2d 366, 377 (5th Cir. 1968), affg. T.C. Memo. 1966-81; Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983); Clark v. Commissioner, T.C. Memo. 2001-205. Suspicion of fraudulent conduct is not sufficient. King’s Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 517 (1992). The issue of fraudulent intent is a question of fact shown by surveying the 86Total income proven of $487,504 less allowable deductions of $350,461 equals $137,043 in taxable income.Page: Previous 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Next
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