Charles McHan and Martha McHan - Page 25

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          Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987); Gajewski v.           
          Commissioner, 62 T.C. at 200, and petitioner failed to inform his           
          tax return preparer of his marijuana sales, see Estate of Mazzoni           
          v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg. T.C.               
          Memo. 1970-37.                                                              
               Taken as a whole, the evidence establishes that petitioner             
          acted with the requisite fraudulent intent and that petitioner              
          underreported substantial income for 1985 and 1986 relating to              
          marijuana sales with fraudulent intent.  We also note that                  
          Special Trial Judge Carluzzo observed petitioner’s testimony and            
          rejected, in his recommended findings of fact and conclusions of            
          law, petitioner’s testimony as to his limited participation in              
          the marijuana sales transactions and concluded that petitioner              
          had the requisite fraudulent intent in filing his 1985 and 1986             
          Federal income tax returns without reporting thereon his                    
          marijuana sales transactions.                                               
               We sustain respondent’s determinations that petitioner is              
          liable for the additions to tax for fraud prescribed under                  
          section 6653(b) for 1985 and 1986.                                          
               Respondent also determined additions to tax under section              
          6661 for 1985 and 1986.  For tax returns due after December 31,             
          1982 (but before January 1, 1990), section 6661 provides for an             
          addition to tax equal to 25 percent of the amount of any tax                
          underpayment attributable to a substantial understatement.  An              






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