- 11 - records to Reed, petitioners succeeded in understating their income in each of the years in issue. Petitioners have made various implausible and false statements. Mr. Roose falsely stated to a revenue agent in the course of the IRS examination that he wrote checks from the Bank One account to the Middlefield account to place the credit card sales receipts back into the business account. Mr. Roose also stated during the IRS examination that it was an industry practice not to report coupon redemption income and, in an attempt to explain his failure to report, that he was using these funds to build a retirement account. Both of these arguments are without merit and, moreover, indicate a fraudulent intent. Petitioners' special manual system for depositing payments on accounts received by mail has not been reasonably explained. Mr. Roose's explanation that he used the manual system because it "saved time" is implausible in light of his admission that he used cash registers in the store because they produced accurate records. Furthermore, Mrs. Roose stated that she used only the Daily Cash Reports to complete the Drug Topics book but could not offer an explanation as to how certain deposits not appearing on the Daily Cash Report appeared in the Drug Topics book. Petitioners state that their reliance on Reed to prepare their tax returns shows a lack of fraudulent intent. For petitioners to prevail on their reliance argument, however, they must have provided the accountant with full and correctPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011