Walter L. Medlin - Page 68

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          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.               




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