Leo and Alla Goldberg - Page 29

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          Petitioners' explanations are improbable, in view of the sequence           
          of events, and were contradicted by disinterested witnesses.                
          Implausible explanations of this kind are among identified badges           
          of fraud.  See Bradford v. Commissioner, supra.                             
               We have also found that petitioner intentionally                       
          underreported income from sale of the Malloy property by $65,269            
          in order to defeat or avoid the payment of taxes known to be                
          owing on that gain.  From his testimony and from the entire                 
          record, we are satisfied that petitioner had the education and              
          intelligence to understand what was required and that he                    
          deliberately falsified his return in order to avoid payment of              
          tax known to be owing.  Although we do not believe her trial                
          testimony, we have no evidence that Mrs. Goldberg had the                   
          education or experience to know that these transactions were                
          falsely reported.  The addition to tax for fraud for 1988 will be           
          sustained only as to petitioner.  See Minter v. Commissioner,               
          T.C. Memo. 1991-448; Congelliere v. Commissioner, T.C. Memo.                
          1990-265.                                                                   
               Our conclusions as to the above two items for 1988 are                 
          sufficient to establish an underpayment of tax for that year and            
          to shift to petitioner the burden of showing that any other                 
          portion of an underpayment is not due to fraud.  Respondent has,            
          however, conceded that certain disallowed expenses do not result            
          in an underpayment due to fraud, and those concessions will                 
          affect the final computation.                                               




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