John F. Moran - Page 21

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          has an established pattern of falsifying documents.  Because                
          petitioner failed to introduce any credible evidence, we find               
          that he is not entitled to the additional deductions he claimed.            
          D.  Section 167 Deductions                                                  
               On Schedules C, Profit or Loss From Business, petitioner and           
          Ms. McNamara claimed depreciation deductions of $3,270 in 1989              
          and $2,003 in 1990.  In the notice of deficiency, respondent                
          disallowed $3,097 in 1989 and $1,658 in 1990 of the claimed                 
          deductions.  Petitioner contends that he is entitled to these               
          depreciation deductions; however, petitioner failed to produce              
          evidence to support his contention.  We sustain respondent’s                
          determination with respect to the disallowed deductions.                    
          III.  Fraud                                                                 
               In the notice of deficiency, respondent determined that                
          petitioner is liable for an addition to tax for fraud pursuant              
          section 6653(b)(1) in 1988 and for penalties for fraud under                
          section 6663 in 1989 and 1990.   With respect to fraud, the                 
          Commissioner bears the burden of proving by clear and convincing            
          evidence that (1) the taxpayer has an underpayment of tax in each           
          taxable year, and (2) at least some portion of the underpayment             
          is attributable to fraud.  Sec. 7454(a); Rule 142(b).  If the               
          Commissioner establishes that any portion of the underpayment of            
          tax is attributable to fraud, the entire underpayment is treated            
          as attributable to fraud, except for any portion of the                     






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