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returns. Petitioner attempted to conceal the source and amount
of the income that he realized from sales of illegal drugs by
engaging in large cash purchases, acquiring assets through the
use of nominees, and burying $315,000 in a cemetery. During
1993, in an effort to avoid prosecution for his illegal
activities, petitioner acquired a false driver's license from the
State of California.
Petitioner fraudulently and with the intent to evade taxes
filed income tax returns for 1992 and 1993 in which he omitted
$751,823 and $400,260 in income from sales of illegal drugs,
respectively. The underpayments of tax required to be shown on
petitioner's 1992 and 1993 income tax returns are due to fraud
with intent to evade income tax.
Discussion
Summary judgment is intended to expedite litigation and
avoid unnecessary and expensive trials. Florida Peach Corp. v.
Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be
granted with respect to all or any part of the legal issues in
controversy "if the pleadings, answers to interrogatories,
depositions, admissions, and any other acceptable materials,
together with the affidavits, if any, show that there is no
genuine issue as to any material fact and that a decision may be
rendered as a matter of law." Rule 121(b); see Sundstrand Corp.
v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th
Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988);
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