- 15 - petitioner stated that, in exchange for surrendering rooms 103 and 141, he received the new apartment rent free for 3 years and nothing else. Petitioner knew this to be false. At the second meeting with Signorile, petitioner again stated that, in exchange for surrendering rooms 103 and 141, he received the new apartment rent free for 3 years and nothing else. Petitioner also signed a statement to that effect. Also at the second meeting, petitioner produced a copy of the sublease agreement, but he did not produce a copy of the surrender agreement. We conclude that petitioner attempted to mislead Signorile. Petitioner argues that he is not fluent in English, and he did not realize that he was required to report the amounts received from Seawall. Courts have considered the educational level and sophistication of the taxpayer when considering the Commissioner's fraud determination. Id. at 19. When Seawall initially approached petitioner about vacating rooms 103 and 141, petitioner contacted Spyropoulos. Spyropoulos represented petitioner when the surrender agreement and sublease agreement were negotiated. Spyropoulos spoke fluent Greek, and he explained the agreements to petitioner. The affidavit of Caramalis attached to the surrender agreement indicates that Caramalis read and explained to petitioner, in the Greek language, the terms of the surrender agreement. On November 14, 1989, petitioner entered into the surrender agreement and the sublease agreement with Seawall. When it came time forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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