A. Lee Petersen and INI Builders, Inc. - Page 32

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          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 the           





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