- 35 - 1998, Mr. Sowards failed to disclose the existence of the WPA bank account. In a February 23, 1999, telephone interview, Mr. Sowards stated that he knew very little about WPA. When respondent’s employee indicated that he had information linking Mr. Sowards with STL, Mr. Sowards stated that WPA was set up for the retirement of Mr. Strong, and the funds transferred were loans.33 Mr. Sowards indicated that there was no written contract between himself and Mr. Strong. However, at the August 10, 1999, interview with the Revenue Agent, Mr. Sowards produced for the first time the alleged loan document. Mr. Sowards falsely represented that his wife had an organizational consulting business. He maintained this representation throughout this litigation until trial when he admitted that he had fabricated this business. See DiLeo v. Commissioner, 96 T.C. at 874 (“The taxpayer’s entire course of conduct can be indicative of fraud.”). We find all the above to be clear and convincing evidence that Mr. Sowards fraudulently understated his tax for 1996 and 1997.34 33Mr. Sowards purported to have assigned beneficial interests in WPA to his wife and family, not to Mr. Strong. 34Since we sustain respondent’s fraud penalties, respondent’s alternative accuracy-related penalty pursuant to sec. 6662 is moot. On brief, Mr. Sowards conceded additions to tax under sec. 6654.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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