- 46 - 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.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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