- 24 - petitioners' agreeing that the gross income in their returns for 1987, 1988, and 1989 was understated in the amounts of $10,143, $55,855, and $69,556, respectively. These amounts are substantial when compared to the total gross income of $40,548, $44,081, and $39,860 reported as received from Fruitland during 1987, 1988, and 1989, respectively. There is little doubt that petitioner knew that his income for each taxable year at issue exceeded the amount reflected on his return for that year. Petitioner was the partner responsible for managing the financial affairs of the partnership. All transactions involving the partnership checking account, including those transactions relating to petitioner's personal expenditures, were reflected on bank statements which petitioner received. Petitioner was also the partner who purchased and maintained the cashier's checks. Despite possessing knowledge of this information, petitioner refrained from sharing it with his accountant. Instead, petitioner filed the returns as prepared by his accountant. The frequency and magnitude of the unreported income conceded by petitioners is probative evidence that supports our finding that the understatements of income were fraudulent, rather than inadvertent or accidental. Such a pattern of consistent underreporting of income is strong evidence of fraud. Otsuki v. Commissioner, supra at 106-108; Smith v. Commissioner, supra. This evidence justifies the inference of fraud. See Holland v. United States, 348 U.S. 121, 137 (1954).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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