- 12 - fraudulent Medicaid activity was uncovered and he pleaded guilty to criminal charges, petitioner filed amended returns for 1989 and 1990 reflecting substantial income from the taxi business. Petitioner also claimed substantial expenses on the amended returns which, if correct, would have resulted in relatively small taxable income. For 1990, however, petitioner has been able to substantiate only $127,879 of $211,875 in deductions claimed on the amended 1990 return. In addition to failing to report the income-producing activities and gross income to respondent, petitioner was also defrauding the county by claiming reimbursement for Medicaid transportation services that were either not performed, to unapproved locations, and/or for longer distances than traveled. Although the 1989 year is no longer in dispute, petitioner also failed to report the fact that he operated a taxi-leasing business and/or gross income from that business on his 1989 Federal income tax return. This also shows that petitioner’s intentional omissions were part of a pattern of activity to deceive. Accordingly, we hold that respondent has shown, by clear and convincing evidence, that petitioner fraudulently omitted income on his original 1990 tax return.3 3 Petitioner’s 1990 underpayment, for purposes of sec. 6663, is equal to the unreported income from the taxi leasing, administrative Medicaid payment, less the amount of business deductions allowed, including any deductions allowed after the issuance of the notice of deficiency. The parties will bePage: 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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