- 19 - 7. Conclusion Joseph methodically understated gross receipts and cost of goods sold in order to conceal the amount of net profit that Monterey earned; he did that 2 years in a row. According to his own testimony, which, in many respects, was incredible, he had kept what amounted to a second set of books, the computer sheets, which purportedly are missing. Joseph had no explanation for why he maintained two separate sets of books. He moved funds from Monterey’s bank account to his personal account. That is the clear evidence that convinces us that Joseph fraudulently intended to understate his income with respect to Monterey for 1987 and 1988. D. Portion of Underpayments Attributable to Fraud Petitioners have failed to rebut the presumption that the entire underpayments in tax for 1987 and 1988 are due to fraud. See sec. 6653(b)(2). We find accordingly. E. Additions to Tax For Fraud We sustain respondent’s additions to tax for fraud against Joseph under section 6653(b)(1)(A) and (B) for 1987 and under section 6653(b)(1) for 1988. III. Addition to Tax for Negligence Having found that the entire underpayments for 1987 and 1988 are attributable to fraud, and that Joseph is subject to additions to tax on account thereof, we need not address thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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