- 14 - Commissioner, 56 T.C. 213, 223-224 (1971); Otsuki v. Commissioner, 53 T.C. 96, 105-106 (1969). The intent to conceal or mislead may be inferred from a pattern of conduct. Spies v. United States, 317 U.S. 492, 499 (1943). A taxpayer's failure to give complete information to his tax return preparer may be evidence of fraudulent intent. Korecky v. Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986), affg. per curiam T.C. Memo. 1985-63. Petitioner surrendered rooms 103 and 141 to Seawall in exchange for $322,500 and use of an apartment rent free for 3 years. Petitioner initially concealed the $322,500 payment and the rent-free apartment from Sotiriou, his return preparer. Petitioner eventually told Sotiriou about the $322,500 payment and the rent-free apartment, but only after respondent initiated an audit of petitioners' Forms 1040. Sotiriou then advised petitioner to file amended tax returns, but petitioner refused. Petitioner also failed to give Sotiriou a copy of the Form 1099. We conclude that petitioner either intentionally withheld the Form 1099 from Sotiriou or failed to maintain a copy of the Form 1099. Failure to maintain accurate records may be evidence of fraudulent intent. Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172. False or misleading statements to respondent's agents may be evidence of fraudulent intent. Grosshandler v. Commissioner, 75 T.C. 1, 20 (1980). At the first meeting with Signorile,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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