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307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601); O’Connor v.
Commissioner, 412 F.2d 304, 310 (2d Cir. 1969), affg. in part and
revg. in part T.C. Memo. 1967-174.
A taxpayer’s experience, knowledge, and ability as a
bookkeeper and tax return preparer are also factors to be
considered with respect to fraudulent intent. O’Connor v.
Commissioner, supra.
Petitioner admits that on petitioners’ 1993 joint Federal
income tax return he fraudulently failed to report a substantial
amount of income he earned in 1993, and in related criminal
proceedings petitioner pled guilty to tax evasion with regard
thereto.
With regard to 1990, 1991, and 1992, petitioner acknowledges
that he carried on a separate business out of his home performing
bookkeeping and tax return preparation services for his own clients
and that on his late-filed joint Federal income tax returns for
those years he did not report such income.
Petitioner contends generally, however, that the Forms 1099
that he received in 1990, 1991, and 1992 from insurance companies
overstated the actual amounts that petitioner received from the
companies and therefore that the amounts of income relating thereto
were overstated on petitioners’ 1990, 1991, and 1992 joint Federal
income tax returns. Petitioner claims that such Form 1099
overstatements of income might more than offset the omitted income
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