Lee F. Haney, Sr., and Jean C. Haney, a.k.a. Jeanie Haney - Page 30




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          unsubstantiated expenses.  We sustain the disallowance of these             
          claimed deductions as determined by respondent.                             
          Fraud Penalty                                                               
               The penalty in the case of fraud is a civil sanction                   
          provided primarily as a safeguard for the protection of the                 
          revenue and to reimburse the Government for the heavy expense of            
          investigation and the loss resulting from the taxpayer’s fraud.             
          Helvering v. Mitchell, 303 U.S. 391, 401 (1938); Sadler v.                  
          Commissioner, 113 T.C. 99, 102 (1999).  Respondent has the burden           
          of proving, by clear and convincing evidence, an underpayment for           
          the years in issue and that some part of the underpayment for               
          those years is due to fraud.  Sec. 7454(a); Rule 142(b).  If                
          respondent establishes that any portion of the underpayment is              
          attributable to fraud, the entire underpayment is treated as                
          attributable to fraud and subjected to a 75-percent penalty,                
          unless the taxpayer establishes that some part of the                       
          underpayment is not attributable to fraud.  Sec. 6663(b).                   
          Respondent must show that the taxpayer intended to conceal,                 
          mislead, or otherwise prevent the collection of taxes.  Katz v.             
          Commissioner, 90 T.C. 1130, 1143 (1988).                                    
               The existence of fraud is a question of fact to be resolved            
          upon consideration of the entire record.  King’s Court Mobile               
          Home Park, Inc. v. Commissioner, 98 T.C. 511, 516 (1992).  Fraud            
          will never be presumed.  Id.; Beaver v. Commissioner, 55 T.C. 85,           







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