of Appeals for the Sixth Circuit remarked long ago in Rogers v. Commissioner, 111 F.2d 987, 989 (6th Cir. 1940), affg. 38 B.T.A. 16 (1938): "It is a fair inference that a man who will embezzle funds in his charge will not hesitate to understate his income with intent to defraud the Government." A system of fraudulent bookkeeping entries by the owners of a business combined with substantial understatements of income is evidence of fraud. Chesbro v. Commissioner, 21 T.C. 123, 130 (1953), affd. 225 F.2d 674 (2d Cir. 1955). Mr. Burke instructed Ms. Romano to transfer funds from the MPC premium account to the Burke Insurance Agencies' expense accounts and to draw checks payable to herself, John J. Burke, various other employees, or "cash". The checks would be cashed, and the funds delivered to Mr. Burke. Pursuant to Mr. Burke's instructions, Ms. Romano recorded these withdrawals from the expense accounts as premium refunds and expenses. A taxpayer's excessive dealings in large amounts of cash is further indication of fraud. Estate of Mazzoni v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg. T.C. Memo. 1970-37. Mr. Burke diverted insurance premiums by having his employees cash checks and deliver the proceeds to him. In order to conceal his receipt of cash, Mr. Burke instructed Ms. Romano to write checks for amounts less than $10,000 in order to avoid generating a currency transaction report. We conclude that the record contains clear and convincing evidence of Mr. Burke's fraudulent intent to evade income taxes for the taxable years in issue. Accordingly, we find that respondent has discharged her burden, and we sustain her determination that Mr. Burke is liable for an addition to tax for fraud. Respondent computed the addition to tax for fraud on only a portion of the underpayment for each year.15 However, with respect to the addition for 1986, respondent's answer asserts an increased addition to tax for fraud by 15For purposes of applying this addition to tax, the "underpayment" is not reduced by any amount of tax reported on a delinquently filed return. Sec. 6653(c).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011