- 32 - cost to INI and himself. Petitioner’s willful misrepresentation to Scanlon-Hull that he had received tax advice from Cutshall, his decisions not to ask for Cutshall’s advice and to keep her in the dark at the times of preparation of his original returns, and to disregard her advice at the time of preparation of his amended returns, support the inferences we draw from all the evidence in the record that petitioner intended and attempted to evade his income tax liabilities. A taxpayer is liable for the addition to tax for fraud if he had the intent to evade taxes at the time he filed his income tax returns. Cf. Badaracco v. Commissioner, 464 U.S. 386, 394 (1984) (fraud committed when original return filed). A fraudulent original return is not purged by the subsequent filing of a correct amended return. The fraud is committed when the original return is prepared and filed. Id. We are convinced that petitioner had formed the intent to evade tax before he filed his 1984 tax return on June 21, 1985. No later than July 1984, petitioner told Thorpe that Burke’s estate would not be paid a bonus because the $100,000 bonus was contingent on the successful completion of the Shaktoolik contracts. In September 1984, Mutual Life denied petitioner’s request for payment under Burke’s life insurance policy. At some time in late September or early October 1984, after Mutual Life denied petitioner’s claim, petitioner proposed to Thorpe that thePage: 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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