Marcia Tyrrell - Page 11

                                       - 11 -                                         
          include:  (1) Understating income, (2) maintaining inadequate               
          records, (3) failing to file tax returns, (4) having implausible            
          or inconsistent explanations of behavior, (5) concealing assets,            
          (6) failing to cooperate with tax authorities, (7) engaging in              
          illegal activity, (7) creating false documents or records, (8)              
          dealing in cash, and (9) overstating deductions.                            
          See Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir.               
          1986) affg. T.C. Memo. 1984-601; Meier v. Commissioner, 91 T.C.             
          273, 297-298 (1988); Estate of Temple v. Commissioner, 67 T.C.              
          143, 161 (1976).                                                            
               Petitioner's deemed admissions contain numerous indicia of             
          her fraudulent intent to evade taxation with respect to each of             
          the taxable years in issue.  For example, the facts deemed                  
          admitted establish the following:                                           
               Paragraph 26.  Petitioner's failure to maintain                        
               complete and accurate records of her income-producing                  
               activities and her failure to produce complete and                     
               accurate records to the respondent in connection with                  
               the examination of petitioner's income tax returns for                 
               taxable years 1987 and 1988 was fraudulent with the                    
               intent to evade tax.                                                   
               Paragraph 32.  For both 1987 and * * * 1988,                           
               petitioner fraudulently and with intent to evade tax                   
               deducted personal items as business expenses, deducted                 
               items she could not substantiate and claimed expenses                  
               that were not ordinary and necessary business expenses                 
               pursuant to section 162.                                               
               Paragraph 33. During 1987 and 1988, the petitioner                     
               engaged in a pattern of conduct which demonstrates                     
               that she intentionally and knowingly failed to report                  
               substantial income in both years.                                      






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011