John F. Moran - Page 25

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          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).                                          





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