- 25 - the significant horse racing losses. Petitioner falsely explained to Mr. Agresto that he “had a very good job” before the years in question. Finally, petitioner was convicted of aiding the filing of false tax returns for himself and Ms. McNamara for the years of 1989 and 1990. In pleading guilty to these charges, petitioner admitted to diverting corporate funds and using those funds for personal purposes in 1988 through 1990. We find that respondent has clearly and convincingly proven that substantial portions of petitioner’s underpayments of tax are the result of fraudulently diverted corporate receipts, fictitious corporate expenses, and fraudulently deducted alleged expenses of his beauty shop operation.7 IV. Section 6651(a)(1)--Failure To Timely File Section 6651(a)(1) provides for an addition to tax when a taxpayer fails to file a timely return. Section 6651(a)(1) provides an exception to the addition to tax when the failure to file a timely return “is due to reasonable cause and not due to willful neglect”. Petitioner and Ms. McNamara filed their 1989 joint Federal income tax return on September 14, 1990. There is no evidence in the record that they requested an extension of time to file their 7 Petitioner has not argued or established that any portions of the underpayments due to other adjustments were not due to fraud. Secs. 6653(b)(2), 6663(b).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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