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Petitioner is considered under Rule 91(f) to have stipulated
the following relevant facts:
9. During each of the taxable years 1986, 1987,
1988 and 1989, the petitioner was a shareholder and
officer of Console, Wood and Curico, P.C. a law firm
incorporated under the laws of the state of New Jersey.
10. During the [sic] each of the taxable years
1986, 1987, 1988 and 1989, the petitioner followed a
practice of bringing bills for his personal expenses to
the law office for payment with checks drawn on the
bank accounts of the law firm.
11. All checks in payment of these personal bills
were coded by being marked with the letter “A”.
12. Checks so coded were entered in the cash
disbursement journal of the law firm and charged to an
account labeled “RPC”.
13. The above practice was elicited from the
petitioner during his testimony at a court appearance
where he was on trial for insurance fraud.
14. Petitioner would meet with his accountant and
petitioner would decide the nature of the item,
business or personal, and would direct the accountant
where to deduct the items determined to [be] business.
15. All items determined to be personal by the
petitioner were charged to petitioner as additional
income and reported on his personal return.
16. Based on a review of the accountant’s work
papers, the law firm’s cash disbursement journal, the
cancelled checks coded with an “A”, discussions with
the accountant and the court testimony of petitioner,
there was an excess of personal expenses of petitioner
paid by the law firm over the amounts reported as
income by petitioner for the taxable years 1986, 1987,
1988 and 1989.
17. Petitioner’s fraudulent omission of specific
items of income on his income tax returns filed for the
taxable years 1986, 1987, 1988 and 1989 is a part of a
four year pattern of intent to evade taxes.
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