- 47 - Sec. 6663(b); Marretta v. Commissioner, T.C. Memo. 2004-128; Peyton v. Commissioner, T.C. Memo. 2003-146. a. Omission of Anis Partnership Income in 1995 Petitioner contends that his failure to include in income for 1995 amounts he received from the Anis partnership was not due to fraud. We disagree. Petitioner testified that he gave his interest in the Anis partnership to his children in 1995 to divest himself of assets that could be seized to satisfy his potential liability in the Redlands litigation. Petitioner testified that the $47,443 he received from his children was a loan. However, no documentary evidence supports petitioner’s claim. Petitioner’s books for 1995 do not show deposits of loan proceeds in the amount of $47,443 or during June 1995, when petitioners’ children allegedly lent him the money. Petitioner does not explain why his children received $47,443.51 in cash, converted it to cashier’s checks, and then purportedly lent it to petitioner. We believe petitioner tried to conceal his receipt of attorney’s fees from the Anis partnership by diverting them through his children. Petitioner testified that he did not report the amounts that petitioners’ children received from the Anis partnership because Lewellen told him it was not income to him. Petitioner’s claim is unconvincing in view of Lewellen’s credible testimony that petitioner did not tell him that petitioner or his children hadPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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