- 10 - documentation, such as bank statements, for the Drug Topics book totals. Petitioners also argue that they did not conceal or attempt to divert cash without recording cash receipts. Fraudulent intent may be inferred from various kinds of circumstantial evidence, or "badges of fraud", including understatement of income, inadequate records, or implausible or inconsistent explanations of behavior. Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601. The record in this case is replete with clear and convincing evidence of petitioners' fraudulent intent. Petitioners understated their income in each of the years in issue by intentionally failing to report receipts from credit card sales that were deposited in the Bank One and Huntington Bank accounts, intentionally failing to report receipts from coupon redemptions that were deposited in various Peoples Savings accounts, and intentionally failing to report numerous special deposits during the years in issue. See Webb v. Commissioner, supra at 379; Marcus v. Commissioner, 70 T.C. 562, 577 (1978), affd. without published opinion 621 F.2d 439 (5th Cir. 1980). Although petitioners had each received 3 months of training in the accounting system that they used in the store, they failed to utilize the system to keep accurate and adequate records. They deliberately distorted the accounting system by failing to record certain store receipts. By providing the distortedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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