- 29 - Petitioner’s attempt to legitimize JJH’s payment of personal expenses with his fabricated Disney collection lease story and the covenant not to compete story is further evidence of petitioner’s fraudulent intent. These concocted stories show petitioner does not hesitate to manufacture facts and events to further his interests.14 Petitioner’s fraudulent scheme was not just a family affair, and he recommended it to others. He set up 163 corporations for other taxpayers. In at least one such case where the Service challenged the personal expenses paid by the corporation and deducted as cost of goods sold, petitioner advised his clients to settle, stating: “Hey, we got away with it for ten years, it's time”. At trial, petitioner proudly stood by his prior statement, bragging: “it was good advice then and I stand by it now”. We conclude on this record that “it’s time” for petitioner also. Respondent has proven by clear and convincing evidence that petitioner underreported his income in 1994 with the fraudulent intent of evading taxes. We sustain respondent’s determination as to fraud. 14Petitioner similarly disliked having to pay out-of-State tuition for Tim at the University of Central Florida, so he perpetuated the Disney collection lease scheme to create the appearance that Tim was self-sufficient and had fixed income. This allowed Tim to obtain residency status for tuition purposes.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