George Maciel - Page 41

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          1956-112; Hebrank v. Commissioner, 81 T.C. 640, 642 (1983).                 
          Thus, respondent must establish that petitioner underpaid his               
          taxes for each year in issue and that some part of the                      
          underpayment for each year is due to fraud.  DiLeo v.                       
          Commissioner, supra at 873.                                                 
               1.  Clear and Convincing Evidence of Underpayment                      
               “To prove an underpayment, the Commissioner is not required            
          to establish the precise amount of the deficiency determined by             
          him.”  Id.; see Otsuki v. Commissioner, 53 T.C. 96, 105 (1969).             
          “However, he cannot discharge his burden by simply relying on the           
          taxpayer’s failure to prove error in his determination of the               
          deficiency.”  DiLeo v. Commissioner, supra at 873.  The                     
          Commissioner need only establish that the taxpayer received                 
          unreported income and that the nondisclosure resulted in a tax              
          deficiency.  United States v. Campbell, 351 F.2d 336, 338 (2d               
          Cir. 1965); Elwert v. United States, 231 F.2d 928, 931 (9th Cir.            
          1956); United States v. Bender, 218 F.2d 869, 871-72 (7th Cir.              
          1955); Langworthy v. Commissioner, T.C. Memo. 1998-218.                     
               When the allegations of fraud are intertwined with                     
          unreported and indirectly reconstructed income, the Commissioner            
          can satisfy his burden of proving the underpayment in one of two            
          ways:  (1) By proving a likely source of the unreported income;             
          or (2) where the taxpayer alleges a nontaxable source, the                  
          Commissioner may meet his burden by disproving the taxpayer’s               






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