Lawrence J. Polidori - Page 25

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          here, however, is not simply a case involving a taxpayer's                  
          misunderstanding of the tax law; rather, it involves a tax                  
          evasion scheme that spans a multi-year period during which                  
          petitioner consistently and substantially understated his income.           
          Petitioner advances a dubious argument that is more likely a                
          belated and convenient fabrication designed to facilitate his               
          evasion scheme than a sincere claim of naivete.  Coupling the               
          consistent pattern of substantial underreporting with the                   
          previously discussed circumstances, all of which indicate an                
          intent to conceal income, justifies the inference of fraud.                 
          Holland v. United States, 348 U.S. at 137.  Accordingly, we                 
          conclude that respondent has shown, by clear and convincing                 
          evidence, that petitioner has underpaid his taxes for each                  
          taxable year at issue, except 1985 and 1986, and that some part             
          of each underpayment was due to petitioner's intent to conceal,             
          mislead, or otherwise prevent the collection of such taxes.  See            
          Parks v. Commissioner, 94 T.C. at 660-661.  Hence, as to each               
          taxable year at issue, except 1985 and 1986, we resolve this                
          issue in respondent's favor.  As to taxable years 1985 and 1986,            
          we resolve this issue in favor of petitioner.                               
          8. Other Matters                                                            
               Petitioner objects to the introduction into evidence of his            
          plea agreement, contending that it lacks relevancy and fosters a            
          prejudicial inference.  Although petitioner's conviction for                
          willful falsification under section 7206(1) is not dispositive on           




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