- 50 - regarding his failure to report that income on the original 1998 return as shown by the fact that he acted to amend his return to report this amount a few weeks after he filed his original 1998 return. We disagree. Petitioner used a complex series of transactions and transfers of funds through several individuals in an attempt to conceal this income both from Lewellen and the IRS. Petitioner’s explanations for these transactions are implausible. For example, his claim that he gave O’Leary the $135,422 to invest for him is belied by the fact that O’Leary transferred the funds back to petitioner shortly thereafter. We conclude that petitioner fraudulently failed to include the $135,422 in income on the original 1998 return.7 d. Personal Expenses Claimed as Business Deductions Petitioners admitted that they improperly deducted personal expenses of $27,636 in 1998 and $4,476 in 1999 as business expenses on their 1998 and 1999 tax returns. However, they contend that they did not fraudulently deduct those expenses. Petitioners argue that Edgar is to blame for the majority of these errors in 1998, and point out that the amount of misclassified expenses dropped from $27,636 in 1998 to $4,476 in 1999 when Edgar was no longer responsible for petitioner’s 7 See Badaracco v. Commissioner, 464 U.S. 386, 394 (1984); United States v. Hanson, 2 F.3d 942, 946 n.1 (9th Cir. 1993) (a taxpayer who files a fraudulent return does not purge the fraud by subsequent voluntary disclosure; the fraud was committed, and the offense completed, when the original return was filed).Page: 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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