Nicholas M. Romer - Page 46




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          the personal nature of expenses is evidence of fraud.  See                  
          Truesdell v. Commissioner, 89 T.C. 1280, 1302-1303 (1987); Benes            
          v. Commissioner, 42 T.C. 358, 383 (1964), affd. 355 F.2d 929 (6th           
          Cir. 1966).                                                                 
               Although it appears that the accounting records of Romer &             
          Co. were adequate for petitioner to accurately determine and                
          report his income therefrom, he chose not to.  With respect to              
          his aviation activities, petitioner failed to maintain adequate             
          records of his income and expenses, and this failure is                     
          circumstantial evidence of fraud.  See Bradford v. Commissioner,            
          supra at 307-308; Clayton v. Commissioner, 102 T.C. 632, 647                
          (1994).                                                                     
               Finally, in 1996, petitioner pleaded guilty to one count of            
          violating section 7203 for the willful failure to supply                    
          information on his 1991 Federal income tax return.  In his plea             
          agreement, petitioner admitted that “the civil fraud penalty and            
          interest applies to whatever additional tax he is deemed to owe             
          after pursuing remaining civil remedies for tax years 1989-1991.”           
          Petitioner’s admission, even if assumed to be nonbinding, is at             
          the least evidence that his underpayments for these years were              
          due to fraud.  See Williams v. Commissioner, T.C. Memo. 1994-560.           
               In sum, respondent has shown by clear and convincing                   
          evidence that petitioner underreported his income in the subject            
          years with the fraudulent intent of evading taxes.  Petitioner              
          has failed to rebut the presumption that the entire underpayment            





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