-45- Petitioner’s failure to keep books was part of his design to hide or obscure his numerous and successful transactions in operating and trading real property. It is also likely that petitioner's anonymous involvement with Ms. Jackson and the road contracts was a deception to permit petitioner to participate in a minority and/or woman's preferential program. Petitioner did suffer a loss in his transactions with Ms. Jackson as well as his transactions with Mr. Welch. The losses incurred in these transactions were funded with income from petitioner's successful real estate activity, some of which was not reported to respondent. Petitioner was knowledgeable about and in control of his real estate activity. Interest income and gains on sales were consistently understated on petitioner's returns for each of the years before the Court. We accordingly sustain respondent's determination that a part of the understatement for the taxable year 1985 was due to fraud. With respect to the 1986, 1987, 1988, and 1989 taxable years, the unreported income from interest, rent, and the sale of property are due to fraud. For the 1986 taxable year, the unreported income (adjustment “g.” on Form 5278 of the notice of deficiency) is also due to fraud. With respect to the 1989 taxable year, the item of increased income attributable to the section 1031 gain is also due to fraud. Because we have found that petitioner is liable for fraud for each of the taxable yearsPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011