Jack J. Kramer - Page 46

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                  Petitioner also feared criminal prosecution.  Murphy had                                
            been arrested and the Troon Mortgage conduit disrupted.                                       
            Petitioner was under investigation by a grand jury.  Petitioner's                             
            fear of prosecution drove him in October 1986 to file a document                              
            that, as we have held, was not a tax return.  Petitioner was                                  
            afraid that a proper return could reveal his illegal sources of                               
            income and perhaps tie him to the money laundering.  Max Forman,                              
            the accountant who had advised him and Ben on the card club                                   
            investment, had signed the 1985 Form 1040 that petitioner and                                 
            Maxine jointly filed.  With Forman's advice and preparation, that                             
            Form 1040 completely lacked the requisite detail about income and                             
            deductions, even to the point of excluding the SGA "wages", the                               
            interest income, and bona fide deductions such as home mortgage                               
            interest.  Fear of criminal investigation must have driven the                                
            decision to disclose no detail, because petitioner also inscribed                             
            a legend on the document that referred to the possible effect                                 
            that the outcome of the grand jury investigation could have on                                
            his tax liability.                                                                            
                  By 1987, petitioner's fear of criminal prosecution had grown                            
            even stronger.  Ben's criminal enterprise was falling apart, and                              
            petitioner was trying to help him in the wake of his arrest by                                
            ensuring that his lawyers were paid.  Petitioner also ensured                                 

            20(...continued)                                                                              
                  Even if respondent could establish receipt of the $250,000                              
            in 1987, she has not asserted an increased deficiency pursuant to                             
            sec. 6214(a).  Accordingly, we have not considered this in                                    
            discussing the amount of the unreported income for 1987.                                      



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