Stanley L. Wade - Page 8

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               Although not dispositive, a conviction for filing false                
          Federal income tax returns under section 7206(1) is evidence of             
          fraudulent intent.  Wright v. Commissioner, 84 T.C. 636, 643-644            
          (1985).                                                                     
               Where false or fraudulent Federal income tax returns are               
          filed with an intent to evade tax, the normal 3-year period of              
          limitation on assessment does not apply.  Sec. 6501(c).  Also,              
          the 3-year period of limitation on assessment does not begin to             
          run unless a taxpayer’s Federal income tax return is delivered to           
          and received by respondent.  Walden v. Commissioner, 90 T.C. 947,           
          951 (1988).                                                                 
               Where a joint Federal income tax return was filed, a finding           
          that fraud was committed by either spouse keeps the period of               
          limitation on assessment open with respect to both spouses.                 
          Vannaman v. Commissioner, 54 T.C. 1011, 1018 (1970).                        
               Generally, taxpayers bear the burden of proving that they              
          are entitled to claimed deductions.  Rule 142(a); Welch v.                  
          Helvering, 290 U.S. 111, 115 (1933).  Taxpayers are expected to             
          maintain adequate records to substantiate claimed deductions.               
          Sec. 6001.  In carrying on a trade or business, only ordinary and           
          necessary business expenses are deductible.  Sec. 162(a).                   
               For 1982 and 1983, petitioners argue that they did not                 
          fraudulently intend to evade their correct Federal income tax               
          liabilities.  Petitioners argue that the reductions petitioner              
          made to the rental income on the summary sheets were based on               




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