Donald Ray Hartley - Page 11




                                       - 10 -                                         
               As previously stated, the Commissioner bears the burden of             
          proving fraud by clear and convincing evidence.  Sec. 7454(a);              
          Rule 142(b).  In particular, the Commissioner must prove that the           
          taxpayer intended to evade taxes known to be owing by conduct               
          intended to conceal, mislead, or otherwise prevent the collection           
          of taxes.  See Stoltzfus v. United States, 398 F.2d 1002, 1004              
          (3d Cir. 1968); Rowlee v. Commissioner, 80 T.C. 1111, 1123                  
          (1983).  In order to carry this burden, the Commissioner must               
          prove, for each year before the Court, that (1) an underpayment             
          of tax exists and that (2) a portion of the underpayment is due             
          to fraud.  Parks v. Commissioner, 94 T.C. 654, 660-661 (1990).              
          In the instant case, respondent has met his burden and proven               
          that imposition of the civil fraud penalty for each of the years            
          in issue is appropriate.                                                    
               The record in this case clearly supports the finding that              
          petitioner’s Federal tax returns for 1992, 1993, and 1994 were              
          fraudulent.  In this regard, the record includes an extensive               
          stipulation of facts that not only details petitioner’s efforts             
          to commit fraud but also includes petitioner’s express admission            
          that he filed false returns with intent to evade tax.  In short,            
          petitioner filed fraudulent returns, concealing the fact that he            
          owed taxes in an attempt to obtain refunds to which he was not              
          entitled.                                                                   








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 10, 2007