Yarbrough Oldsmobile Cadillac, Inc. - Page 53

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          1984 and 1985 corporate Federal income tax returns, and that                
          Elvin is not sophisticated in tax matters.                                  
               In support of the contention that both Elvin and YOC filed             
          fraudulent Federal income tax returns for the years in issue,               
          respondent argues that the correct taxable income on each of the            
          individual and corporate tax returns in question was                        
          significantly underreported, that Elvin had the mental capacity             
          in 1983 through 1986 to form fraudulent intent, that Elvin for              
          1983 was convicted under section 7201 of Federal income tax                 
          evasion and under section 7206(2) of filing a false and                     
          fraudulent corporate Federal income tax return for YOC, that the            
          same activities and course of conduct that were present in 1983             
          and that formed the factual basis for Elvin's convictions for               
          1983 were continued by Elvin in 1984, 1985, and 1986, that Elvin            
          followed a pattern of consistent underreporting of income, that             
          Elvin caused YOC to pay many of his personal expenses and to                
          purchase personal assets, and that YOC followed a pattern of                
          consistent underreporting of income.                                        
               Based on our many findings and conclusions herein sustaining           
          respondent's substantive tax adjustments, it is clear that                  
          respondent has shown that very substantial underreporting of                
          income and underpayments of Federal income taxes occurred on                
          Elvin's and on YOC's Federal income tax returns for the years at            
          issue.                                                                      






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