- 64 - Commissioner, 89 T.C. 1280, 1302 (1987). In addition, Mr. London supplied inaccurate information to Mr. Trugman, an accountant who prepared the Schedules C for M.L. Associates. Mr. Trugman testified that he was not able to track all the deposits made into accounts for M.L. Associates. Providing incorrect information to a tax return preparer is also a badge of fraud. Estate of Temple v. Commissioner, 67 T.C. 143, 162-163 (1976). Upon consideration of the entire record, we find that respondent has proven by clear and convincing evidence that Mr. London acted with the requisite fraudulent intent, and that the entire understatement of tax for 1983 and 1985 is due to Mr. London's fraud, as determined by respondent. Accordingly, we sustain respondent's determination that Mr. London is liable for the additions to tax for fraud under section 6653(b)(1) and (2). We reach a different conclusion with respect to Mrs. London. In her case, we do not believe that respondent has proven by clear and convincing evidence that she intended to evade tax believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of such tax. See Recklitis v. Commissioner, 91 T.C. at 909; Rowlee v. Commissioner, 80 T.C. at 1123.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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