Walter L. Medlin - Page 53

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          substantial evidence that petitioner knew he was taxable for such           
          a transaction before the filing of his return.                              
               In his Forms 2688 for the 1986, 1987, and 1988, tax years,             
          petitioner requested an extension because “Taxpayer has not                 
          received all needed K-1's for 1065 & 1120 tax returns that                  
          represent a substantial portion of his income.  Without these               
          items a complete and accurate return cannot be prepared.”                   
          However, petitioner never provided any Schedules K-1 to Mr.                 
          Kelly.  Moreover, in the examination of his 1983 and 1984 Forms             
          1040 filed on January 30, 1986, and March 7, 1986, respectively,            
          petitioner informed the revenue agent that he was not involved in           
          any corporations, partnerships, or trusts, i.e., entities from              
          which Schedules K-1 might be issued.  We have found as fact that            
          petitioner was involved in several business entities, and                   
          petitioner accepts that he owned properties held in trust by Mr.            
          Miles and other trustees under his control.  We also note that              
          petitioner informed the revenue agent examining his 1983 and 1984           
          returns that his Cayman Islands trust account was closed in 1983.           
          However, petitioner subsequently received five checks totaling              
          $135,000 from the Cayman Islands trust in 1985.  We find that               
          this record of inconsistent statements and claims by petitioner             
          is yet another indication of fraud.89                                       


               89The making of false and inconsistent statements to the               
          Commissioner’s revenue agents during the course of their                    
          investigation indicates fraudulent intent.  Solomon v.                      
                                                             (continued...)           




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