S. Paul and Patricia J. Dubose - Page 9

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          that petitioner concealed income and assets from his tax return             
          preparers and that he made false and misleading statements to IRS           
          agents investigating his tax liability.  Petitioner’s failure to            
          come forward with any nonfraudulent explanation negating the                
          evidence against him justifies the inference that there is no               
          such explanation.  Brooks v. Commissioner, 82 T.C. 413, 432-433             
          (1984), affd. without published opinion 772 F.2d 910 (9th Cir.              
          1985).  We have found that petitioner’s purpose in placing funds            
          in church accounts was to avoid paying income tax due on the                
          proceeds of sale of his stock in Kentucky Wood and the sale of              
          the corporation’s partnership interest in Kywood.  We are                   
          convinced by the evidence that petitioner knew that he could not            
          avoid taxation merely by placing funds in the names of churches             
          that he created for that purpose.  His attempts to do so                    
          establish fraudulent intent.  See Stephenson v. Commissioner, 79            
          T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984).  In              
          any event, for 1989, petitioner is estopped by his criminal                 
          conviction from denying that the underpayment for that year is              
          due to fraud.  Amos v. Commissioner, 360 F.2d 358 (4th Cir.                 
          1965), affg. 43 T.C. 50 (1964); see Tomlinson v. Lefkowitz, 334             
          F.2d 262 (5th Cir. 1964).                                                   
               Upon review of the entire record, we conclude that                     
          respondent has satisfied her burden of proving that petitioner              
          underpaid his taxes for each of the years in issue and that the             





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