1, 19 (1980). Mr. Burke did not file the returns for the taxable years in issue until March 29, 1991. Mr. Burke filed delinquent returns only after being contacted by a revenue agent. Mr. Burke also failed to file sales tax returns for Jury's with the New York State Department of Taxation and Finance. Misleading a taxpayer's return preparer also constitutes evidence of fraud. Parsons v. Commissioner, 43 T.C. 378, 395 (1964). Mr. Burke made numerous misrepresentations to Mr. Silver, his accountant. For instance, he informed Mr. Silver that his withdrawals of MPC premiums were loans. However, we have already determined that no loan agreement existed between Mr. Burke and U.S. Life and that his diversion and use of these premiums were made without the knowledge and consent of U.S. Life. In addition, when delinquent returns were prepared, Mr. Burke directed Mr. Silver to deduct embezzlement losses for funds that he alleged had been misappropriated by Ms. Romano and Ms. Coleman. Nevertheless, the record contains no evidence establishing that either individual embezzled any funds from the Burke Insurance Agencies and, after reviewing the entire record, we are convinced that the embezzlement alleged by Mr. Burke did not take place. The destruction of books or records to conceal finances is persuasive evidence of fraud. Spies v. United States, 317 U.S. at 499; Reynolds v. Commissioner, T.C. Memo. 1977-181. Mr. Burke instructed Ms. Romano to destroy insurance agency checkbooks and report them as stolen after he learned that he was under investigation by the New York State Department of Insurance. Ms. Romano did not carry out Mr. Burke's instructions. The omission of income and the commission of other criminal acts are additional indicia of fraud. Petzoldt v. Commissioner, 92 T.C. at 701-702. Pursuant to a plea agreement with the Suffolk County District Attorney, Mr. Burke pleaded guilty to Grand Larceny 4, a felony under New York law, for failing to file sales tax returns and to remit sales taxes owed from Jury's to the New York State Department of Taxation and Finance. We have also determined that Mr. Burke diverted premiums owing to U.S. Life. As the CourtPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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