- 21 - 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 thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011