Robin F. and Anne F. Jenkins - Page 19

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            behavior concerning his calculation of tithing and in reporting                            
            petitioners' income on the bank loan application was inconsistent                          
            with the reporting of petitioners' income on the tax returns for                           
            the years under consideration.                                                             
                  (4)  Intent to Mislead                                                               
                  Misleading statements to an investigating agent may be                               
            evidence of fraud.  See Gajewski v. Commissioner, 67 T.C. 181, 200                         
            (1976), affd. without published opinion 578 F.2d 1383 (8th Cir.                            
            1978).  Petitioner misled  Ms. Bellamy when he provided her with                           
            details of his income.  During the audit, Ms. Bellamy indicated to                         
            petitioner the importance of obtaining all relevant information so                         
            that she could reconstruct petitioners' income.  Petitioner refused                        
            to permit Ms. Bellamy to review petitioners' 1983 Federal income                           
            tax return.                                                                                
                  Petitioner claims that petitioners provided Ms. Bellamy with                         
            the brown books for the years under consideration at the first                             
            audit meeting, and that she took the books with her and later                              
            returned them.  He further contends that his preparation of a                              
            mileage log, completed during the audit and at Ms. Bellamy's                               
            recommendation, is proof that the brown books were handed over to                          
            her.  But he later claimed that the brown books were destroyed by                          
            his children, and expressed a belief that it was useless to keep                           
            records for longer than 3 years.  It took almost 2 years before Ms.                        








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