- 17 - Bradford case as indicating fraud which is present in the instant case is the understatement of income. Here, the understatement of income results from petitioner's taking an improper deduction. All petitioner's receipts of income were reported in his gross income on his returns for each of the years here in issue. Respondent makes some arguments that certain items reported by petitioner were reported in an improper manner, but does not have any fraud contention based on underreporting of receipts by petitioner. Respondent questions the type of the records petitioner kept. Petitioner's records were incorrect in that they had shown airline tickets purchased by MBWC as part of his expense, but otherwise were reasonably good records for an individual to keep. The controlling question here is whether respondent has shown by clear and convincing evidence that petitioner claimed the deductions for air fares on his tax returns knowing that he was not entitled to claim the deductions, and intending by claiming those deductions to evade a tax he knew to be owing. From the evidence as a whole, we conclude that respondent has failed to show that petitioner was aware that he was not entitled to claim the air fare deductions, and has failed to show any intent by petitioner to evade tax by claiming these deductions. Petitioner took all his records to a return preparer for preparation of his return. This return preparer did not questionPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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