- 16 - (1) Understatements of Income Consistent understatement of income with consequent underpayment of taxes may be strong evidence of fraudulent intent to evade taxes. Patton v. Commissioner, 799 F.2d 166, 171 (5th Cir. 1986), affg. T.C. Memo. 1985-148. Petitioner considered himself to be a successful and sophisticated businessman. He operated Field Masonry prudently by filing appropriate tax forms for each of his employees, and presented himself at trial as a knowledgeable and competent individual. Nevertheless, he exhibited a pattern of substantially understating petitioners' 1984, 1985, and 1986 income. Also, petitioner chose to deduct all personal and business expenses. Personal expenses are not deductible. Sec. 262. A practice of claiming personal expenses as business expenses has been held to justify the imposition of the fraud addition to tax. See, e.g., Hicks Co. v. Commissioner, 56 T.C. 982, 1030 (1971), affd. 470 F.2d 87 (1st Cir. 1972); Ramsey v. Commissioner, T.C. Memo. 1984-251. By attempting to convert nondeductible personal expenses into deductible business expenses, petitioner fraudulently understated petitioners' Federal income taxes for the years under consideration through an overstatement of deductions. See Hicks Co. v. Commissioner, supra at 1019.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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