Timothy R. and Cindy I. Fuller - Page 11

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          Petitioners’ failure to provide a plausible explanation of their            
          behavior with regard to the calculation of the figures provided             
          to their tax preparer is indicative of fraud.  See id. at 307.              
               Petitioners represented on several loan applications with              
          various financial institutions during the years in issue that               
          they had vastly larger incomes than they had represented either             
          to Greenfield in the course of his preparation of their returns             
          for those years or to the IRS.  They also provided a copy of a              
          purported 1998 tax return to Redding Bank that showed income four           
          times the amount that was actually reported to the IRS for 1998.            
          Petitioners argue that the inconsistent information that they               
          provided to financial institutions consisted of “mere estimations           
          of their income” and thus should not be viewed as evidence of               
          fraudulent intent to conceal income from the IRS, to which                  
          petitioners reported substantially lower incomes.  However, the             
          large discrepancies in the income that petitioners reported to              
          the IRS and the income reported to the lending institutions,                
          coupled with the 1998 tax return submitted to Redding Bank that             
          was selectively altered to show four times more income to                   
          petitioners than the return that was actually filed with the IRS            
          for 1998, are convincing evidence of petitioners’ dishonesty and            
          of fraudulent intent to conceal income from the IRS.  Petitioners           
          have not presented any plausible explanation of these                       
          discrepancies.                                                              






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