- 30 - clear from the record in this case--and we are convinced--that petitioner did submit falsified documents to respondent's agents during the audit and Appeals process. Petitioner’s intent in submitting these falsified documents to respondent was to persuade respondent to accept petitioner's assertion that the payments by INI to Burke's estate were payments on an accrued bonus, not payments under the buy-sell agreement. Cf. Bagby v. Commissioner, 102 T.C. at 607. Petitioner admitted he gave the IRS false documents in order to satisfy the agent and the Appeals officer that the bonus was deductible, because the "end justifies the means". Petitioner also admitted that he "went too far" in submitting such documents to the IRS. The fourth factor indicating that petitioner had fraudulent intent with respect to the understatements found above is the way in which he used his experience and knowledge of the tax laws in this case. Petitioner tried tax cases as an assistant U.S. attorney, and he currently maintains a general law practice which includes corporate and business law. Although petitioner took only one law school course on taxation, he is a practicing lawyer and is more knowledgeable about tax law than the average taxpayer. See Wheadon v. Commissioner, T.C. Memo. 1992-633 (holding lawyer accountable for fraud); cf. Sisson v. Commissioner, T.C. Memo. 1994-545, affd. 108 F.3d 339 (9th Cir. 1996)(holding tax lawyer accountable for fraud). Scanlon-HullPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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