Martin and Barbara Schachter - Page 18

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          provided on which estimates of additional business expenses could           
          be made.                                                                    
               Petitioners’ claim that the large personal investments and             
          purchases were made with accumulated, nontaxable capital savings            
          from earlier years is completely unsubstantiated and incredible.            
          Petitioners’ investments in the bearer bonds and other large                
          personal expenses that were incurred during the years in issue              
          appear clearly to have been paid with payments from unreported              
          sales of Cal Ben deposited into the Lloyds/Sanwa account.                   
               Instead of presenting credible evidence (e.g., receipts,               
          invoices, and testimony of payees identified on checks                      
          representing alleged additional business expenses), petitioners             
          largely offered only speculative testimony and general survey               
          data.                                                                       
               The credible evidence before us establishes that                       
          petitioner's 50-percent share of the cumulative unreported gross            
          sales of Cal Ben is approximately $960,000.  See chart supra p.             
          7.  It is established that substantial underpayments of                     
          petitioners' correct Federal income tax liabilities occurred for            
          each year in issue.                                                         
               Because of his criminal conviction for tax evasion,                    
          petitioner's fraudulent intent with regard to his 1986 Federal              
          income tax liability is established.  DiLeo v. Commissioner, 96             
          T.C. at 885-886; Amos v. Commissioner, 43 T.C. 50 (1964), affd.             
          360 F.2d 358 (4th Cir. 1965).                                               




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