Walter L. Medlin - Page 49

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          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.                              




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