- 143 - accounts, to conceal assets is evidence of fraud where petitioner has unfettered control over those accounts.93 Temple v. Commissioner, T.C. Memo. 2000-337, affd. 62 Fed. Appx. 605 (6th Cir. 2003); Friedman v. Commissioner, T.C. Memo. 1968-145, affd. 421 F.2d 658 (6th Cir. 1970). Petitioner used fictitious names in some of his real estate dealings for the years in issue. Indeed, petitioner signed various documents relating to real estate documents in the name of “William R. Wright”, and he also notarized several documents in that name. Petitioner also used the name “D.W. Davis” and opened a bank account in that name. When asked about his use of fictitious names, petitioner testified with respect to the name “John Waltin” that it was not fictitious since “there’s probably a John Waltin somewhere”. We find petitioner’s testimony not credible, and we find that he used those fictitious names for the purpose of concealing income and property transactions. See Milito v. Commissioner, T.C. Memo. 1989-145 (“The use of aliases 93Petitioner argues that his use of trusts is not evidence of fraud, since “the practice of owning property through nominees and trustees was widespread and common.” We might agree that the use of trusts alone does not establish fraudulent intent; however, the use of trusts in combination with evidence of the concealment of assets and sale proceeds provides persuasive evidence of fraud. Further, it does not follow from the frequent use of the trust vehicle to hold property in Florida that petitioner’s use of the trust vehicle was not fraudulent. Indeed, the use of trusts does not necessarily involve the same circumstances that exist with respect to petitioner’s use, notably the failure to report income and the failure to file appropriate returns.Page: Previous 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Next
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