A. Lee Petersen and INI Builders, Inc. - Page 34

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          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 which            





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