- 9 - 7605(b). Petitioner argues further that by failing to refer petitioner’s case to respondent's Criminal Investigation Division when the revenue agent initially suspected fraud, respondent’s revenue agent violated petitioner's rights under the Fourth and Fifth Amendments. Because of respondent’s alleged violation of proper audit procedures and because petitioner’s constitutional rights were allegedly violated, petitioner argues that he should be relieved of any fraud additions to tax for 1986 and 1987. We disagree. In filing his erroneous 1986 and his erroneous 1987 original and amended Federal income tax returns and through his conduct during the course of respondent’s audit, petitioner repeatedly demonstrated an intent to fraudulently underreport his Federal income taxes for 1986 and 1987. Comparing gross income as reported on petitioner’s original tax returns to gross income as agreed to by petitioner herein, petitioner underreported his gross income by approximately $21,766 for 1986 and by approximately $17,000 for 1987. During the audit, petitioner generally refused to cooperate with, and made material misrepresentations to, respondent’s revenue agent. Petitioner pleaded guilty to filing a materially false Federal income tax return for 1987. Although his conviction for this year does not conclusively establish his liability for the fraud additions to tax for 1986 and 1987, it does collaterally estop petitioner from denying that he willfully and knowingly filed a false Federal income tax return for 1987,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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