- 36 - petitioner’s son, was its owner in 1988 and 1989.16 Petitioner showed the accountant the asset purchase agreement in which Kathleen Murphy purportedly sold Pieces of Eight to Michael Van Heemst. On the basis of that information, the accountant prepared 1988 and 1989 returns for Michael Van Heemst that reflected the income of Pieces of Eight. The accountant subsequently learned that Pieces of Eight was owned by petitioner and Ms. Murphy. A failure to be forthright with one’s return preparer is an indication of fraud, Korecky v. Commissioner, 781 F.2d at 1568, as is the use of an alias, Lipsitz v. Commissioner, 21 T.C. 917, 937 (1954), affd. 220 F.2d 871 (4th Cir. 1955). Petitioner also told respondent’s agent that Kathleen Murphy owned Pieces of Eight from 1986 until the end of 1987. At first, he claimed not to know her but later claimed that the name was an alias used by Ms. Murphy. During the initial stage of the audit, petitioner also told respondent’s agent that (1) he was merely an employee of Pieces of Eight, (2) the agent was not to ask him any questions about Pieces of Eight, and (3) the agent could not visit its store. Petitioner also initially was unwilling to provide Pieces of Eight’s records to respondent’s agent, but, after the agent issued a summons, petitioner provided records, 16 Although some of petitioner’s conduct does not relate directly to 1987, we may consider evidence of prior and subsequent similar acts reasonably close to the years in issue in deciding whether petitioner is liable for the addition to tax for fraud. United States v. Johnson, 386 F.2d 630, 631 (3d Cir. 1967); Gruber v. Commissioner, T.C. Memo. 1995-230.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011