Chester H. and Michelle R. Rossman - Page 10

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          reduced to $24,266; the 1999 deficiency of $119,278 was reduced             
          to $87,662; and the 2000 deficiency of $75,531 was reduced to               
          $56,572.  Thus, the aggregate reduction in petitioner’s total tax           
          due from the amount determined in the statutory notice of                   
          deficiency was $107,142.                                                    
               The submitted Forms 1040 tax returns for 1997 through 2000             
          assisted the tax resolution process by identifying claimed                  
          deductions subject to substantiation, but they were not free from           
          material errors.  For example, petitioner’s Form 1040, Schedule C           
          for 2000 reflected gross income from DSG and its related entities           
          of $61,655; the parties now agree the correct amount of gross               
          income was $198,990.9                                                       
                                       OPINION                                        
          I.   General Rules                                                          
               Section 6651(f) imposes an addition to tax of up to 75                 
          percent of the amount of tax required to be shown on the tax                
          return when the failure to file a Federal income tax return                 
          timely is due to fraud.                                                     
               In a case involving fraud, respondent bears the burden of              
          proof of establishing fraud with clear and convincing evidence.             
          Sec. 7454(a); Rule 142(b).  There are two elements of fraud under           
          the Code:  (1) Existence of an underpayment and (2) fraudulent              


               9 The record does not contain petitioner’s Forms 1040 for              
          1997 through 1999.                                                          





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