Albert J. and Helen R. Desantis - Page 55

                                       - 55 -                                         

          determine what portion of the bad debt deduction claimed on                 
          petitioner's return is attributable to fraud.                               
               The record is devoid of any evidence of loans being made to            
          or by the partnerships.  Meeks advised petitioner that he would             
          have to file amended partnership returns to reflect the discharge           
          of indebtedness income in order to claim the deduction.                     
          Petitioner knew that the deduction was improper and                         
          unsupportable.  Petitioner did not follow the advice of his tax             
          adviser.  We conclude that the claimed deduction was for the sole           
          purpose of evading tax.                                                     
               Accordingly, on the basis of the record, we hold that the              
          amount of $2,035,424 which petitioner claimed as a bad debt                 
          deduction was fraudulent in its entirety.                                   
                    (6)  The Ford Van                                                 
               As indicated, Forster presented petitioner with a personal             
          check in the amount of $7,800, payable to a Ford dealership, to             
          enable petitioner to purchase a van.  Petitioner failed to report           
          this amount in income on his 1982 return.  Respondent asserts               
          that the entire $7,800 is attributable to fraud.                            
               We hold that petitioner's failure to report the $7,800 on              
          his 1982 return is fraudulent.  Forster did not present the check           
          to petitioner as a gift.  Rather, petitioner coerced Forster by             
          threatening to cancel Newtowne's project if Forster refused to              







Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011