Haralampos Katerelos and Irene Katerelos - Page 37

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            underreported in the returns they originally filed for each of                                
            those years NDV's gross receipts for each such year.  Each of                                 
            those amended returns increased by $5,200 the amount of the gross                             
            receipts of NDV that petitioners had originally reported for each                             
            of the years 1987 through 1989.  Although the filing of those                                 
            amended returns is not evidence of fraudulent intent, it is                                   
            evidence of an underpayment of tax for each of those years.  See                              
            Badaracco v. Commissioner, 464 U.S. 386, 399 (1984); see also Old                             
            Mission Portland Cement Co. v. Commissioner, 69 F.2d 676, 680                                 
            (9th Cir. 1934), affg. in part and revg. in part 25 B.T.A. 305                                
            (1932); Roche v. Commissioner, 63 F.2d 623, 624 (5th Cir. 1933),                              
            affg. 21 B.T.A. 1139 (1931).                                                                  
                  In addition to the amended returns petitioners filed for the                            
            years 1987 through 1989, on two other occasions, petitioners                                  
            admitted having gross income and/or gross receipts for 1987 and                               
            1988 in excess of that reported in petitioners' return for each                               
            of those two years.  In the residential loan application signed                               
            by petitioners during December 1987, petitioners indicated that                               
            their monthly gross income was $5,000, or approximately $60,000                               
            per year.  In their return for 1987, they reported gross income                               
            of only $21,094.  Similarly, in an application for casualty                                   
            insurance for NDV that Mr. Katerelos signed and that is dated                                 
            April 8, 1988, he indicated that NDV had annual sales of                                      
            $360,000.  In their return for 1988, petitioners reported that                                





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