Walter L. Medlin - Page 69

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               C.  Section 6653(b)(2) Addition to Tax for 1985                        
               With respect to the section 6653(b)(2) addition to tax for             
          1985, it is respondent’s burden to establish, by clear and                  
          convincing evidence, the specific portion of the underpayment               
          which is attributable to fraud.  Hughes v. Commissioner, T.C.               
          Memo. 1994-139; Franklin v. Commissioner, T.C. Memo. 1993-184.              
               Pursuant to our discussion above, respondent has proven by             
          clear and convincing evidence that petitioner received taxable              
          income of $305,940 and that petitioner is liable for self-                  
          employment tax of $4,763 for 1985.  For purposes of section                 
          6653(b)(2), respondent has proven by clear and convincing                   
          evidence an underpayment for 1985, which the parties shall                  
          compute under Rule 155 on the basis of our findings and                     
          conclusions.                                                                
               Respondent has proven by clear and convincing evidence that            
          petitioner failed to report substantial gains and other income              
          from his real estate transactions and that he did so with                   
          fraudulent intent.  Petitioner was an experienced real estate               
          developer and businessman.  We are convinced that he knew those             
          items were taxable as income when received.  Indeed, petitioner             
          was informed during the examination of his 1983 and 1984 returns,           
          which occurred prior to the time petitioner filed his 1985                  
          through 1988 returns, that the sale proceeds deposited into the             








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