- 25 - 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. AnPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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