William F. Middleton - Page 12




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         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 be                   



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