- 152 - is unclear to us the extent to which petitioner claimed those items as expenses on his returns, and, the amounts claimed and disallowed.97 Petitioner did not prepare separate Schedules C for the orange grove, cattle, and Ferrari collection activities for 1985 through 1988. Instead, he claimed those expenses, along with other expenses including personal expenses, on the Schedules C relating to his real estate business. We also point out that petitioner’s method of preparing his returns considered only whether a disbursement was made from his personal bank accounts and not whether that disbursement related to a trade or business or was otherwise a deductible expense. Given petitioner’s faulty method of preparing his returns, and the inherently personal nature of many of the expenditures claimed on his returns, petitioner has not established that the portion of the underpayment arising from the disallowed expense deductions is not attributable to fraud. Petitioner has not shown that any portion of the underpayment for each of the years 1986, 1987, and 1988, is not attributable to fraud, and, accordingly, the entire underpayment for each of those years is subject to the addition to tax for fraud. 97We note that the civil report that respondent prepared indicates that certain expenses were disallowed with respect to petitioner’s Ferrari automobile collection and his orange grove and cattle activities. However, since petitioner lumped the expenses relating to those activities into expenses relating to other activities, and reported them as car and truck and repair and maintenance expenses, we are unable to determine to what extent those items were claimed as deductions on his returns.Page: Previous 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Next
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