Edward A. Drozdowski and Diana D. Drozdowski - Page 5




                                        - 5 -                                         

          of income tax may establish the requisite fraudulent intent.  See           
          Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).                          
            Respondent has established that, for each year in issue,                  
          petitioners' underpayment of tax was attributable to Mr.                    
          Drozdowski's fraud.  Each of petitioners' amended returns is an             
          admission of a tax underpayment.  See Badaracco v. Commissioner,            
          464 U.S. 386, 399 (1984).  In addition, Mr. Drozdowski's actions            
          warrant an inference of fraud.  Mr. Drozdowski knew that his                
          wages from CPC were subject to income tax, yet he requested that            
          CPC not withhold taxes from, and intentionally failed to report,            
          such wages.  As a result, he underreported substantial amounts of           
          income relating to each year in issue.  See Holland v. United               
          States, 348 U.S. 121, 139 (1954) (holding that a pattern of                 
          consistently and substantially underreporting income may justify            
          an inference of fraud); Otsuki v. Commissioner, 53 T.C. 96, 109             
          (1969) (holding that underreporting income, coupled with other              
          circumstances showing an intent to conceal, justifies an                    
          inference of fraud).  Accordingly, we hold that Mr. Drozdowski is           
          liable for the additions to tax, and penalties, for fraud.                  
            Contentions we have not addressed are irrelevant, moot, or                
          meritless.                                                                  










Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011