Robin F. and Anne F. Jenkins - Page 16

                                               - 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.                                                               









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