Joseph J. House - Page 26




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          service business, stating that JJH’s business activity was                  
          “sales”, and that the product or service was “process”.  In so              
          mischaracterizing, petitioner intended that a large portion of              
          the personal expenses be buried in cost of goods sold, minimizing           
          the possibility that the personal nature of the expenses would be           
          detected.9  These claims were false and petitioner knew it.10               
          Petitioner’s testimony that “any personal expenses that are paid            
          by the corporation are not deducted by the corporation" is not              
          credible.  Finally, petitioner’s failure to include in his income           
          JJH’s payment of his personal expenses resulted in a large                  
          understatement of his income.                                               
               Petitioner failed to maintain adequate records of his income           
          and expenses.  Petitioner maintained three corporate checking               
          accounts from which he paid all business and personal expenses,             
          and he maintained no records to determine which expenses were               
          business or personal.  The records petitioner did keep were                 
          inadequate.  Petitioner purportedly maintained a ledger for his             
          “draw account” from JJH.  This ledger recorded negligible amounts           
          as “drawn” by petitioner, did not include JJH’s payment of the              

               9Petitioner was aware that the largest expense of a                    
          merchandising business is generally cost of goods sold, and he              
          knew a large cost of goods sold was less likely to “red flag” his           
          return than larger expenses elsewhere on the return.                        
               10As just one example, petitioner admitted that the                    
          insurance paid by JJH to Prudential was a personal expense, and             
          that he deducted it anyway, stating:  “It’s not probably                    
          technically, in the truest accounting sense a good thing to do”.            





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