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bank records that those records would not support the
determination).
We conclude that respondent has not shown by clear and
convincing evidence that petitioner had an underpayment for each
year in issue.7 Thus, petitioner is not liable for the fraud
penalty for 1993, 1994, or 1995.8
D. Whether Petitioner Is Liable for the Accuracy-Related
Penalty for 1993-95 Under Section 6662
In the alternative to fraud, respondent determined and
contends that petitioner is liable for the accuracy-related
penalty for negligence under section 6662 for 1993-95.
Petitioner did not address this issue at trial or on brief. A
taxpayer may be deemed to have conceded an issue that was raised
in the petition if he or she made no argument at trial or on
brief relating to that issue. Levin v. Commissioner, 87 T.C.
698, 722-723 (1986), affd. 832 F.2d 403 (7th Cir. 1987);
Zimmerman v. Commissioner, 67 T.C. 94, 104 n.7 (1976). We
conclude that petitioner is liable for the accuracy-related
penalty under section 6662(a) for 1993-95.
7 This case is similar to Chin v. Commissioner, T.C. Memo.
1994-54, in which the Commissioner used the bank deposits method
to reconstruct income, and we held that the Commissioner had not
shown by clear and convincing evidence that the taxpayer had an
underpayment.
8 In light of our conclusion, we need not decide whether
respondent established by clear and convincing evidence that
petitioner intended to evade tax in each year in issue.
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