- 9 - larger than that allowed by respondent. At trial, petitioner offered oral testimony unsubstantiated by documentary evidence to demonstrate additional costs. See Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. 540 F.2d 821 (5th Cir. 1976). Even the oral testimony was not specific in identifying additional amounts. On brief, petitioners argue that Pascual miscalculated amounts for all 3 years and that petitioners owe no tax. The calculations provided in petitioners’ brief are not supported by evidence in the record. Petitioner’s claim that he had no taxable income is not credible in the circumstances. He is entitled to no costs of goods sold or deductions beyond those conceded by respondent. Fraud Penalty The penalty in the case of fraud is a civil sanction provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from the taxpayer’s fraud. Helvering v. Mitchell, 303 U.S. 391, 401 (1938); Sadler v. Commissioner, 113 T.C. 99, 102 (1999). Respondent has the burden of proving, by clear and convincing evidence, an underpayment for the years in issue and that some part of the underpayment for those years was due to fraud. Sec. 7454(a); Rule 142(b). If respondent establishes that any portion of the underpayment is attributable to fraud, the entire underpayment is treated asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011