- 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 intentPage: 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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