- 37 - 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 thatPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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