- 46 - 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 underpaymentPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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