Joseph J. House - Page 29




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          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.           






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