Timothy Dean Strong - Page 39

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          in section II.C.1. and 3. above are deductible by SCC, and (3)              
          the items we have determined have no benefit to Mr. Strong in               
          this section. IV.   Penalties and Additions to Tax                          
               A.   Fraud Penalty Under Section 6663--Mr. Strong                      
               Respondent determined that Mr. Strong is liable for the                
          fraud penalty under section 6663 for each of the years 1990,                
          1991, 1992, 1993, and 1994.  Respondent must show by clear and              
          convincing evidence that Mr. Strong fraudulently intended to                
          underpay his taxes in each year in issue in order to prove that             
          he is liable for the fraud penalty under section 6663.  See sec.            
          7454(a); Rule 142(b); Rowlee v. Commissioner, 80 T.C. 1111, 1113            
          (1983).  For Federal tax purposes, fraud entails intentional                
          wrongdoing with the purpose of evading a tax believed to be                 
          owing.  See Neely v. Commissioner, 85 T.C. 934, 947 (1985).  In             
          order to show fraud, respondent must prove:  (1) An underpayment            
          exists and (2) Mr. Strong intended to evade taxes known to be               
          owing by conduct intended to conceal, mislead, or otherwise                 
          prevent the collection of taxes.  See Parks v. Commissioner, 94             
          T.C. 654, 660-661 (1990).                                                   
                    1.   Underpayment                                                 
               We have found above that SCC received construction income in           
          each of the years 1990-94 and that Mr. Strong used most of the              
          construction income for his personal expenses.  Neither SCC nor             
          Mr. Strong paid Federal income tax on the additional construction           






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