- 23 - Respondent contends that even if petitioner's return preparer was negligent in the way she handled the preparation of his return, this fact does not excuse petitioner's willfulness to deceive. However, the question is whether respondent has shown by clear and convincing evidence that petitioner was attempting fraudulently to deceive in order to evade tax. The fact that he would be led by a return preparer to believe that he had done all that he had needed to do and his returns would be accurately prepared, goes to the question of his intent to evade tax. In our view, the only evidence respondent has produced in this case that the claiming of these deductions was other than a mistaken belief that the amounts were deductible is the statements petitioner made when he pled guilty to count 2 of the indictment alleging that he had filed a false return for 1983 by deducting the cost of air transportation that he knew he was not entitled to deduct. Respondent points out that at the hearing on petitioner's guilty plea, the court asked petitioner: "Well, the point is, did you know you were cheating when you had some $38,000 in air expenses", and petitioner answered, "Yes, your honor". The court asked, "You knew that", and petitioner answered, "Yes". The court stated: "So you did something wrong and you appreciate that". Petitioner answered: "Yes your honor, I did something wrong, you are right." The Court then asked: "No question about it, huh?" And the answer was, "Yeah". ThisPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011