Stanley P. Zurn - Page 45

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               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 years           






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