- 154 - law firm’s trust account were taxable, and petitioner agreed.98 We cannot accept petitioner’s explanation that he misunderstood that if sales proceeds and other items were “reinvested” and held in trust accounts, they would not be taxable until withdrawn for “wine, women, and song”. Respondent has produced evidence showing that substantial amounts of income were paid from the trust account per petitioner’s instructions for personal expenses and that those withdrawals were not reported as income on his tax returns. Petitioner did not inform respondent’s revenue agent, who examined his returns for 1985-1988, that he held this belief regarding tax deferred exchanges, and there is no credible evidence of record showing that petitioner had this purported misunderstanding. Respondent has also proven by clear and convincing evidence that petitioner’s method of preparing his return for 1985 was done with a fraudulent intent. On the Schedule C for his real estate business, petitioner reported income and expenses from that business on the basis of spreadsheets of the deposits and disbursements from his personal bank accounts. He reported the deposits, less amounts he classified as “loans”, as gross income from his business, and the disbursements, as deductible expenses on the Schedule C. Many of the disbursements were for inherently 98Also, the Tax Court’s stipulated decision with respect to petitioner’s agreed deficiencies for 1977, 1978, 1979, 1981, and 1982, was entered before petitioner’s filing of each of his returns for the 1985 through 1988 tax years.Page: Previous 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Next
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