Paul L. Tregre, Jr. - Page 20

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               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,             




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