Charles Shaw - Page 27

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          301; Bardwell v. Commissioner, 38 T.C. 84, 92 (1962), affd. 318             
          F.2d 786 (10th Cir. 1963).                                                  
               Respondent contends that respondent has 6 years to assess              
          tax under section 6501(e)(1)(A) because petitioner omitted more             
          than 25 percent of his gross income for 1993.  Although                     
          respondent must prove fraud by clear and convincing evidence,               
          respondent need only prove a 25-percent omission from income by a           
          preponderance of the evidence.  Armes v. Commissioner, 448 F.2d             
          972, 974-975 (5th Cir. 1971), affg. in part and revg. in part               
          T.C. Memo. 1969-181.                                                        
               For purposes of section 6501(e)(1)(A)(i), “gross income”               
          includes the amounts received or accrued from the sale of goods             
          or services without considering the cost of those sales or                  
          services.  Id.; sec. 301.6501(e)-1(a)(1)(ii), Proced. & Admin.              
          Regs.  Thus, we do not consider petitioner’s costs of goods sold            
          in deciding whether he omitted 25 percent of his gross income for           
          a year.                                                                     
               Petitioner and Ms. Shaw reported gross receipts of $26,810             
          on Schedule C of their 1993 return.  We need not decide whether             
          to calculate the 25 percent omission based on the amount                    
          petitioner reported ($0), or the amount reported on the purported           
          joint return ($26,810), if respondent shows that petitioner                 
          omitted more than $6,701.50 (25 percent of $26,810).  Respondent            
          made that showing because petitioner concedes that he had                   






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