- 7 - 1993 return so that he would not have to pay income tax on that amount; (6) the tax loss on the unreported income was approximately $26,959; (7) at the time he filed his 1994 Federal income tax return, he knew that he had received approximately $127,509 in total monthly profit income on his CNC investments in 1994; (8) he failed to report this income on his 1994 return so that he would not have to pay income tax on that amount; (9) the tax loss on the unreported income was approximately $34,761; and (10) in attempting to evade the additional taxes, he acted willfully; that is, he acted voluntarily with the specific intent to violate a known legal duty. According to an affidavit submitted by a special agent with the Criminal Investigation Division of the IRS for the purpose of calculating petitioner’s offense level under the Sentencing Guidelines, the IRS followed the definition of “‘tax loss’ contained at U.S.S.G. �2T1.1(c)(1)(A).” The affidavit goes on to say that “That subsection of the Sentencing Guidelines states that the tax loss ‘shall be treated as 28% of the unreported gross income * * * unless a more accurate determination of the tax loss can be made.’” OPINION Respondent bears the burden of proving fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b); Sadler v. Commissioner, 113 T.C. 99, 102 (1999). To satisfy this burden,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011