Jerry S. Payne - Page 46

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          We are satisfied that respondent has shown the existence of                 
          underpayments for both years by clear and convincing evidence.              
          Accordingly, the first element of the fraud addition to tax is              
          established for both 1987 and 1988.                                         

                           Fraudulent Intent for 1987 and 1988                        
               Petitioner argues that he should be regarded as an                     
          unsophisticated taxpayer, that he handled his tax matters in an             
          inattentive manner, and that because of large deductions he assumed         
          were available to him he innocently estimated he owed no Federal            
          income taxes for 1987 and 1988.  Petitioner further argues that he          
          filed his Federal income tax returns without much thought and that          
          any underreporting of his correct income that was reflected on his          
          tax returns was inadvertent.                                                
               For 1987 and 1988, petitioner substantially underreported his          
          correct income, and for 1987, petitioner overstated his allowable           
          deductions.                                                                 
               Petitioner failed to maintain adequate books and records for his       
          law firm, and he failed to provide that adequate books and records be       
          maintained for 2618 Inc, for the Club, and for Payne & Potter.              
          Petitioner's inadequate records and his inconsistent and ever-              
          changing explanations complicated greatly respondent’s audit and            
          resolution of the issues in these cases.  Petitioner failed to              
          cooperate with respondent during respondent’s audit and during parts        
          of these proceedings.                                                       




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