- 9 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011