- 149 - trust holdings and the sales proceeds in Mr. Miles’s law firm trust account indicates that petitioner’s use of nominees was for a purpose other than tax-free exchanges. Most importantly, petitioner’s testimony and contentions regarding his failure to report income deposited in Mr. Miles’s law firm’s trust account are contradicted by other evidence of record. Petitioner’s purported understanding was that he was not required to report income from his sales of real estate so long as the sale proceeds remained in the trust account and were not disbursed for personal expenses. Petitioner claims that he reported consistently with that understanding. Nevertheless, there were considerable amounts that were disbursed from Mr. Miles’s law firm’s trust account for personal expenses during the years in issue that were not reported as income. Petitioner does not explain this failure to report. We cannot accept that petitioner had a bona fide misunderstanding of tax free exchanges and that this purported misunderstanding explains his failure to report the substantial amounts of income from real estate transactions. Petitioner argues that fraud penalties should not apply to the amounts which he reported as income on his returns for 1986 through 1988.95 Petitioner suggests that to the extent those 95The addition to tax for fraud under sec. 6653(b)(1) applies to the entire underpayment for 1985, regardless of whether petitioner establishes that some portion of that (continued...)Page: Previous 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Next
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