Roy G. and Dorothy M. Welker - Page 11

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          of fraud.  Holland v. United States, 348 U.S. 121, 139 (1954).               
          Mr. Welker concedes that he consistently underreported income.               
          Taking into account the record as a whole, this is evidence of               
          fraud.                                                                       
                    3.   Failure To Maintain Adequate Books and Records                
               Failure to maintain adequate books and records may be                   
          indicative of fraud.  Truesdell v. Commissioner, 89 T.C. 1280,               
          1302 (1987); Gajewski v. Commissioner, supra at 200.  Mr. Welker             
          did not keep any records regarding the cash payments he received             
          from Brockland Pontiac.  This is evidence of fraud.                          
                    4.   Intent To Mislead                                             
               Misleading statements to an investigating agent may be                  
          evidence of fraud.  See Gajewski v. Commissioner, supra at 200.              
          Mr. Welker argues that, from the very beginning, he always                   
          believed that the cash payments from Brockland Pontiac were                  
          gifts, and he so informed Ms. Alexander and Mr. Neighbors on June            
          9, 1989.  In his first interview with Ms. Alexander and Mr.                  
          Neighbors on March 29, 1989, however, Mr. Welker stated that he              
          did not receive any gifts during the years in issue.                         
          Additionally, as part of the criminal tax case, Mr. Welker                   
          admitted that when he prepared his income tax returns for the                
          years in issue he knew that he should have reported the cash                 
          payments from Brockland Pontiac as income.                                   
               If Mr. Welker had truly believed that the cash payments were            
          gifts, he misled Ms. Alexander and Mr. Neighbors on March 29,                



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