Richard A. Cole, M.D. Inc. - Page 16

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          receipts were only $1,135,781.  The fact that Dr. Cole gave false           
          information to the corporate return preparer is a badge of fraud.           
          Korecky v. Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986),              
          affg. per curiam T.C. Memo. 1985-63; Estate of Temple v.                    
          Commissioner, 67 T.C. 143, 162-163 (1976).                                  
                    b.   Failure To Use Books or Records                              
               Dr. Cole had access to petitioner's day sheets and bank                
          statements.  The fact that Dr. Cole did not use these records in            
          preparing petitioner's returns is a badge of fraud.  Spill v.               
          Commissioner, T.C. Memo. 1989-213 (fraud is "even more apparent"            
          where taxpayer kept records but disregarded them in preparing tax           
          return).                                                                    
                    c.   Large Understatements of Income                              
               Dr. Cole caused petitioner to not report its income                    
          accurately for the years in issue.  Petitioner knowingly failed             
          to report a significant amount of income for fiscal years 1987              
          and 1988.  This is a badge of fraud.  Bradford v. Commissioner,             
          796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601.           
               3.   Conclusion--Fraud                                                 
               Petitioner knowingly understated its income by $339,307 for            
          fiscal year 1987 and $265,140 for fiscal year 1988.  We conclude            
          that petitioner is liable for the additions to tax for fraud for            
          fiscal years 1987 and 1988.                                                 







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