- 42 - received the $135,422 in client fees collected from Arnett, Chen, and Markham in 1998. Petitioner had those funds sent to O’Leary and did not deposit them in his law firm account. Petitioner concealed those items from Lewellen. Similarly, there is no evidence that petitioner gave Lewellen information about or, with the exception of the 1998 Schedules K-1, records of the cash and property distributed by the Anis partnership in 1995 and 1998. Petitioner testified that he realized Lewellen had not included the $135,422 of legal fees in petitioners’ 1998 income because the figure on the Quicken printout “matched the figure on the original tax return.” Petitioner’s claim is implausible because the Quicken printout did not include the $135,422. Similarly, petitioner did not tell Lewellen that $47,443.51 and an interest in two parcels of real property were acquired in 1995 by petitioners’ children as partners in the Anis partnership in return for services petitioner performed in the Anis litigation. Thus, petitioners’ claim that his failure to report that income for 1995 was due to his reliance on Lewellen’s advice is implausible. c. Having False or Inadequate Books and Records Petitioner’s Quicken records failed to include payments for his services that were listed in the “secret list” kept by Edgar. Petitioner knew about the secret list. The secret list disappeared while it was in petitioner’s control. A taxpayer'sPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011