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          capital; thus, the settlement payments from Darling Yachts, Inc.,           
          are taxable income, and respondent’s determination is sustained.            
          See id.                                                                     
          Net Operating Loss Carryback                                                
               Respondent determined that the adjustments determined for              
          petitioner’s 1994 taxable year eliminated the net operating loss            
          that had been carried back from that year to 1991.  As a                    
          consequence, respondent determined a deficiency of $4,323 for               
          1991.  See Pesch v. Commissioner, 78 T.C. 100 (1982).                       
          Respondent’s deficiency determination for 1994 has been                     
          sustained, thereby eliminating any net operating loss for that              
          year.  As a consequence, the deficiency determined for 1991 is              
          also sustained.  See id.; Toussaint v. Commissioner, T.C. Memo.             
          1984-25, affd. 743 F.2d 309 (5th Cir. 1984).                                
          Fraud                                                                       
               Respondent determined that the underpayments of tax on                 
          petitioner’s 1994, 1995, 1996, and 1997 returns, as well as his             
          amended return for 1991, were due to fraud.  To establish fraud,            
          the Commissioner must show by clear and convincing evidence that            
          there is an underpayment and that a portion of the underpayment             
          is attributable to fraud.  See sec. 7454(a); Rule 142(b);                   
          Petzoldt v. Commissioner, 92 T.C. 661, 699 (1989).  If the                  
          Commissioner establishes that any portion of an underpayment is             
          attributable to fraud, the entire underpayment shall be treated             
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