Ray W. and Marilyn S. Sowards - Page 35

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          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.                                                        




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