Christianson

MEMORANDUM

Appellant Carlye Christianson (“Chris-tianson”) appeals the tax court’s decision affirming the government’s assessment of tax fraud penalties against her under 26 U.S.C. §§ 6653 (b) and 6651(f). Christian-son contends that the tax court erred in applying such penalties because the government failed to carry its burden of proving fraud by clear and convincing evidence. We have jurisdiction to review the final order of the tax court under 26 U.S.C. § 7482 , and we reverse. Because the parties are familiar with the factual and procedural history of the case, we will not repeat it here except as necessary to explain the disposition.

We review the tax court’s finding of fraud for clear error. Lord v. Commissioner, 525 F.2d 741, 742 (9th Cir.1975). The Commissioner bears the burden of proving fraud by clear and convincing evidence. I.R.C. § 7454(a); Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986). In the context of the penalty at issue, fraud is a taxpayer’s intentional wrongdoing with the specific intent to avoid a tax that she knew was owing. Akland v. Commissioner, 767 F.2d 618, 621 (9th Cir.1985). Such intent can be inferred from strong circumstantial…