- 20 - Respondent also has established that at least a portion of each underpayment determined immediately above is attributable to fraud. We find that petitioner's false statements to Balash regarding the source of the expenses at issue to be the most convincing evidence of petitioner's fraudulent intent. Fraud may be inferred where a taxpayer makes false representations. See Grosshandler v. Commissioner, 75 T.C. 1 (1980). After Balash initiated her investigation, she arranged to meet and discuss the kickback payments with Tubre. Tubre informed petitioner of his pending meeting with Balash, and petitioner in turn requested that Tubre, knowing such information to be false, inform Balash that petitioner was involved with several of Besco's accounts. Tubre complied with petitioner's request but refused to cooperate further. After requests by petitioner, however, Tubre provided petitioner with the names of several Besco customers which petitioner could represent to Balash as having given rise to the kickback payments. At a meeting between petitioner and Balash on December 20, 1984, petitioner used these names in attempt to explain the income received from Besco and justify the expenses at issue. The record clearly shows, however, that petitioner knew these representations were false at the time he made them. While petitioner contends otherwise, there is no doubt that petitioner's lie was designed to justify his claiming the expense deductions. If petitioner had actually incurred the expenses at issue and honestly believed that such expenses were deductible,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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