- 139 - 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...)Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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