- 37 - to be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer establishes by a preponderance of the evidence is not attributable to fraud. Sec. 6663(b). Ahmed, individually and as president of K & M for the years in issue, grossly understated his and K & M’s taxable income, and he significantly underpaid the Federal income tax due, measured both in dollars and in percentages. For the years in issue, Ahmed underreported his and K & M’s taxable income by a cumulative total of $1,903,314, and he underpaid his and K & M’s Federal income tax by an estimated cumulative total of $812,903, representing understatements of taxable income and underpayments of Federal income tax for each year of 55 percent to 96 percent. Ahmed’s underreporting over a period of at least 4 years of his and of K & M’s taxable income and the related underpayment of Federal income taxes are persuasive evidence of Ahmed’s fraudulent intent, particularly combined with the unreported cash proceeds and the claimed business deductions relating to personal expenses. Further, Ahmed did not maintain adequate financial records relating to his business activities, demonstrated by the failure to properly account for certain intercompany transactions, to record certain cash transactions, and to properly report personal expenses paid out of corporate funds.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011