Bill Fred Hamilton and Connie Hamilton - Page 8

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          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.             





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