- 153 - 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 thePage: Previous 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Next
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