Bonito Ruiz Molinar - Page 12

                                       - 12 -                                         
          told Roberts that his books and records were in Mexico.  Later,             
          he told Roberts that his books and records had been stolen.                 
                    d.   Engaging in Illegal Activities                               
               Engaging in illegal activities is evidence that the taxpayer           
          intends to evade tax.  Bradford v. Commissioner, supra at 308;              
          see Patton v. Commissioner, supra (income from illegal activities           
          is a badge of fraud).  Petitioner engaged in illegal drug                   
          activities during the years in issue.                                       
                    e.   Failure to Cooperate With Tax Authorities                    
               A taxpayer's failure to cooperate with the Commissioner's              
          examining agents is a badge of fraud.  Bradford v. Commissioner,            
          supra.  Petitioner did not cooperate with Roberts.                          
               3.   Conclusion                                                        
               Respondent has proven by clear and convincing evidence that            
          petitioner is liable for the addition to tax and penalty for                
          fraud.  We sustain respondent's determination except for the                
          concession for 1990, and hold that petitioner is liable for the             
          addition to tax for fraud under section 6653(b) for 1988 and the            
          penalty for fraud under section 6663 for 1989 and 1990 and that             
          all of the underpayments are due to fraud.                                  
               To reflect the foregoing and respondent's concession,                  

                                                       Decision will be               
                                             entered under Rule 155.                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  

Last modified: May 25, 2011