Parks v. Commissioner
United States Tax Court
Held, respondent's determination that petitioner had unreported cash income from an unidentified source is sustained. Held, further: Respondent must prove both an underpayment and fraudulent intent by clear and convincing evidence in order to satisfy his burden of proof with respect to an addition to tax for fraud.
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Held, respondent's determination that petitioner had unreported cash income from an unidentified source is sustained. Held, further: Respondent must prove both an underpayment and fraudulent intent by clear and convincing evidence in order to satisfy his burden of proof with respect to an addition to tax for fraud. When allegations of fraud are intertwined with unreported and indirectly reconstructed income, respondent can satisfy his burden of proving an underpayment in one of two ways. Respondent may prove an underpayment by proving a likely source of the unreported income, Holland v.…
1Opinion of the Court
Ruth B. Parks, Petitioner v. Commissioner of Internal Revenue, Respondent
Parks v. Commissioner
Docket Nos. 23041-87, 13496-88
United States Tax Court
94 T.C. 654; 1990 U.S. Tax Ct. LEXIS 43; 94 T.C. No. 38;
April 24, 1990, Filed
Decisions will be entered under Rule 155.
Held, respondent's determination that petitioner had unreported cash income from an unidentified source is sustained. Held, further: Respondent must prove both an underpayment and fraudulent intent by clear and convincing evidence in order to satisfy his burden of proof with respect to an addition to tax for fraud. When allegations…
2Cases cited33 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Holland v. United StatesSupreme Court of the United States · 1955
- Spies v. United StatesSupreme Court of the United States · 1943
- Rowlee v. CommissionerUnited States Tax Court · 1983
- Stone v. CommissionerUnited States Tax Court · 1971
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