A. Lee Petersen and INI Builders, Inc. - Page 30

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          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-Hull              





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