- 8 - income, the burden is on the taxpayer to demonstrate that the Commissioner’s determination is erroneous. Mallette Bros. Constr. Co. v. United States, 695 F.2d 145, 148-149 (5th Cir. 1983); Kling v. Commissioner, T.C. Memo. 2001-78; Seidenfeld v. Commissioner, T.C. Memo. 1995-61. In deciding whether petitioners have carried their burden of proof, witness credibility is an important consideration. See Ishizaki v. Commissioner, T.C. Memo. 2001-318. The only support for Mr. Hamilton’s use of the cash to pay for business expenses is his own uncorroborated and self-serving testimony, which we are not required to accept, and which we do not, in fact, find to be credible. See Niedringhaus v. Commissioner, 99 T.C. 202, 219 (1992). Accordingly, petitioners have failed to meet their burden, and thus we sustain respondent’s determination that petitioners failed to report $515,993 of income in 1988. B. Whether Mr. Hamilton Is Liable for the Fraud Addition to Tax Under Section 6653 Section 6653(b)(1) provides that if any part of a taxpayer’s underpayment is due to fraud, an addition to tax equal to 75 percent of the underpayment will be imposed. Further, if any portion of the underpayment is attributable to fraud, the entire underpayment will be treated as attributable to fraud unless the taxpayer establishes otherwise. Sec. 6653(b)(2). In order for the fraud additions to tax to apply, the Commissioner must prove by clear and convincing evidence that an underpayment exists and that some portion of the underpayment is attributable to fraud.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011