- 13 - First, as indicated above, petitioner's contention that the distributions represented loan repayments to him is unsupported by any independent evidence and is contradicted by the corporate tax returns that he prepared and filed. Second, in view of his business experience, it is not credible that he believed that over a period of 13 years he could withdraw substantial sums of money from the corporation for his living expenses, report no income from the services that he performed on behalf of the corporation or dividends from the corporation, and have no income tax liability and no obligation to file tax returns. His position in this regard is too untenable to be believed. Petitioner also had experience in this Court, as reflected in an opinion rendered not long before he commenced his pattern of failing to file returns. See Mathers v. Commissioner, 57 T.C. 666 (1972). Petitioner apparently was sufficiently knowledgeable to prepare the corporate tax returns, and he has not suggested that he relied on any professional advice that he had no obligation to file individual returns. Under these circumstances, the use of the corporation to pay his personal expenses is clear and convincing evidence of fraud. See Benes v. Commissioner, 42 T.C. 358, 384 (1964), affd. 355 F.2d 929 (6th Cir. 1966); Hedlund v. Commissioner, T.C. Memo. 1993-455; Kahrahb Restaurant, Inc. v. Commissioner, T.C. Memo. 1992-263. We are convinced that petitioner underpaid taxes due for the years in issue when he failed to report as income thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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