- 39 - 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 constructionPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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