- 34 - attributable to the corporation’s discharge of his debt to the estate. On Scanlon-Hull’s advice, the heirs refused to go along with petitioner’s proposal. Having discussed the matter with Scanlon-Hull before the end of 1984, petitioner understood that his proposal was contrary to the terms of the buy-sell agreement and would create an income tax burden on the estate. Despite the heirs’ refusal to cooperate, and Scanlon-Hull’s admonitions, petitioner instructed Cutshall to prepare and file petitioner’s 1984 Federal personal income tax return, which failed to report as income INI’s payment of $50,000 to Burke’s estate, premised on a renegotiation of the buy-sell agreement that, in reality, had never occurred. Petitioner was determined to carry out his plan of reforming the buy-sell agreement, with or without the cooperation of the heirs. Petitioner’s conduct subsequent to the filing of the 1984 and 1986 income tax returns, which includes obtaining Thorpe’s signature and putting it on falsified documents that would support the positions petitioner had taken on his tax returns, and then submitting those documents to respondent, convinces us that petitioner had formed the fraudulent intent to evade income taxes on or before the time of filing of his 1984 Federal personal income tax return, and this intent continued through the time of filing of his 1986 return. We commiserate with petitioner in his partially self-created predicament, but we do not condone the course of action by whichPage: 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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