- 26 - 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”.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011