Albert M. Graham and Martha A. Graham - Page 49

                                       - 49 -                                         
          Mrs. Graham signed the amended 1998 return on November 8, 1999.             
          Petitioners point out that Lewellen did not charge for his                  
          service for preparing the amended 1998 return, and argue that               
          this suggests that the error was Lewellen’s, not petitioners’.              
          We disagree.                                                                
               Lewellen credibly testified that he did not know petitioner            
          had received client fees of $135,422 in 1998 until petitioner               
          telephoned him shortly after the original 1998 return was filed.            
          He also credibly testified that petitioners’ amended 1998 return,           
          dated November 8, 1999, was prepared several days after that date           
          and backdated at petitioner's request.  In his 1999 lawsuit                 
          alleging that Lewellen had negligently prepared petitioners’ 1998           
          tax return, petitioner did not refer to the fact that Lewellen              
          had not included client fees of $135,422 in petitioners’ original           
          1998 return.                                                                
               Petitioner contends that he discovered the omission of the             
          $135,422 when he looked at a Quicken printout of law office                 
          income and compared it to his original 1998 return several days             
          after mailing that return.  Petitioner’s claim is unconvincing              
          because the parties stipulated and he admitted at trial that the            
          Quicken printout he gave to Lewellen on October 13, 1999, to                
          prepare the 1998 return did not include the $135,422.                       
               Petitioner contends that the omission of $135,422 was an               
          innocent oversight, and that he had no fraudulent intent                    






Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011