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Respondent points out that petitioner husband deposited more
than $23,000 in checks payable to Soldi in other accounts he
controlled. Respondent argues that he tried to conceal
commissions by making Soldi commission checks payable to
petitioner wife. We disagree. We do not think this was an
attempt to conceal income because the Soldi checks that
petitioner husband wrote to petitioner wife were deposited to the
local Canta bank account that petitioner husband regularly used
and on which he was the signator. We do not believe that
petitioner husband diverted checks from Soldi to hide them from
the Government. Rather than depositing the checks to Soldi's
account, he deposited commissions he had earned to accounts that
he regularly used and on which he was the signator. We think the
fact that he left a record by depositing the checks is a factor
that negates the inference that he was trying to conceal income
from the Government.
Respondent argues that petitioner husband concealed
information from his preparers. We disagree. Petitioner husband
did not intentionally conceal information from the return
preparers; he did not have records to give them to accurately
prepare the returns. We are not persuaded that his lack of
records was due to fraud rather than negligence.
Respondent argues that petitioner husband did not cooperate
with respondent's agents, and made false statements to a revenue
agent. Respondent claims that petitioner husband told the
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