Joseph J. House - Page 28




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          JJH’s return were accurate.  This double counting of income was             
          of no consequence to petitioner since he managed to manipulate              
          the numbers on all returns to the point where there was little to           
          no taxable income.                                                          
               Petitioner intentionally mischaracterized items of income on           
          his 1994 return.  He reported total income of $31,500, comprising           
          $1,000 Schedule C income, $10,000 rent income, $3,000 capital               
          gain income and $17,500 as income from a covenant not to compete.           
          At trial, he admitted these categories were all concocted,                  
          stating: “I don't mind giving you [IRS] the elbow, but I'm not              
          going to lie to him [the Court]”.  Petitioner mischaracterized              
          his income to avoid self-employment tax and to deter the Service            
          from discovering unreported income related to JJH.  Petitioner’s            
          lack of candor was prevalent throughout the discovery process and           
          trial.12                                                                    
               Petitioner filed a separate return to avoid payment of taxes           
          on the unreported income in the event he got caught.13                      


               12By interrogatory, respondent asked why JJH paid the                  
          University of Central Florida, and petitioner stated the payments           
          were for “equipment rental”.  When questioned on cross-                     
          examination about why JJH paid petitioner’s personal living                 
          expenses, petitioner stated: “I've got to live somewhere".                  
               13Charlene did not file and testified that she bought her              
          husband out of JJH and took his name off everything including the           
          CCA signature card because of the IRS collection activity.  In              
          avoiding the joint and several liability of a joint return,                 
          petitioner hoped to remain free to transfer assets and income to            
          Charlene to frustrate the Service’s collection activities.                  





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