- 21 - percent,5 155 percent, 131 percent, 161 percent, and 88 percent, respectively.6 We conclude from the foregoing understatements of income that petitioner engaged in a pattern of consistently understating his gross receipts and overstating his business expenses for the years in issue and that petitioner’s consistent pattern of substantially understating income is a strong indicator of fraud. Petitioner failed to maintain adequate records, although he indicated that he maintained his own records for both his business and personal accounts. In their amended Federal income tax returns, petitioners admitted that petitioner kept inadequate records which resulted in understatements of income.7 Cf. Badarraco v. Commissioner, 464 U.S. 386 (1984). Petitioner claimed that the understatements during the years in issue were due to: Inaccurate calculations of income, some of which were from a trust account, double counting and miscalculating deductions, and failure to properly account for certain stock transfers. We conclude that the admissions on petitioners’ 5Rounding to the nearest percentage point. 6These percentages are calculated by taking the excess of the income reported on the final amended return over the income reported on the original return, and dividing that amount by the amount reported on the original return. See, e.g., Williams v. Commissioner, T.C. Memo. 1992-153, affd. 999 F.2d 760 (4th Cir. 1993). 7The admissions were reported on petitioner’s amended Federal income tax returns (Form 1040X) in the section entitled “Part II Explanation of Changes to Income, Deductions, and Credits”.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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