- 16 - We do not accept Mr. Coyle’s testimony that the income he reported on his returns for 1992 and 1993 was his only income for those years. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). We conclude that Mr. Coyle failed to report income received from Regal in 1992 and 1993 of $21,130 and $18,816, respectively. 3. Fraud Respondent affirmatively alleges that Regal and Mr. Coyle are liable for civil fraud penalties under section 6663. Specifically, respondent claims that petitioners committed fraud because: Mr. Coyle directed Regal to maintain false books in which gross receipts from sales of wheels and axles were not recorded and ensured that Regal’s and his own accountant was not provided with the receipts from the sales of wheels and axles; neither Regal nor Mr. Coyle recorded the cash received in Regal’s books or deposited the money in any of Regal’s bank accounts; Mr. Coyle ensured that Regal received cash when it sold wheels and axles; Mr. Coyle directed that cash from sales of wheels and axles be paid to him; Mr. Coyle substantially understated his income for 1992 and 1993; and Mr. Coyle’s income tax return filing history indicates a consistent pattern of underreporting his income tax liability. Section 6663 imposes a penalty of 75 percent on the portion of any underpayment of tax required to be shown on a return thatPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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