- 22 - provide credible substantiation. Petitioner denied that he had instructed anyone to fabricate loan documents, but he testified that the promissory notes for $7.5 million were created and delivered to the Texas Department of Banking as part of his plan to acquire the bank and that his family did not owe him money at that time. Additionally, Esquivel testified that she never submitted false information about petitioner's finances to anyone or any entity. She admitted to sending information relating to petitioner's purchase of the shopping center that stated that petitioner's income was $150,000 annually. She then testified that petitioner had no income. Petitioner's and Esquivel's testimony are inconsistent, improbable, and unworthy of belief. Respondent has proven by clear and convincing evidence an underpayment of tax due to fraud for each year. Petitioner has not proven that any part of the underpayment is not attributable to fraud. See sec. 6663(b). Decision will be entered for respondent.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Last modified: May 25, 2011