- 22 - 5. Implausible or Inconsistent Explanations of Behavior Petitioner made implausible and inconsistent statements. Examples of such implausible or inconsistent testimony and behavior are: (a) Petitioner testified that he did not prepare his own returns; however, in his amended petition and his reply to answer to amended petition he repeatedly claimed that he prepared his own returns, and at audit he told Mr. Jung that he prepared his own returns; (b) petitioner told Mr. Jung at audit that none of Ms. Choe's properties were sold during 1988, 1989, and 1990, but he testified at trial that some of Ms. Choe's properties had indeed been sold; (c) petitioner testified that the reason he did not give some of his records to Mr. Jung was because they were lost in 1994 during the Northridge earthquake, yet the earthquake which petitioner claimed destroyed the records occurred 3 years after the audit. The cumulative effect of such testimony is indicative of fraud on the part of petitioner. 6. Intent To Mislead Misleading statements to an investigating agent may be evidence of fraud. See Gajewski v. Commissioner, 67 T.C. at 200. Petitioner attempted to mislead Mr. Jung when he stated that his patients exclusively paid for his services through insurancePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011