Benjamin and Sallie Campfield - Page 24

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               Failure to maintain accurate records may be a badge of                 
          fraud.  Merrit v. Commissioner, 301 F.2d 484, 487 (5th Cir.                 
          1962), affg. T.C. Memo. 1959-172.  Petitioner failed to maintain            
          any records as to the "commissions" he reported on his 1984 and             
          1985 Federal income tax returns.                                            
               Petitioner kept some records for his various businesses from           
          which he gave figures to Nyden.  These books were never audited.            
          Petitioner prepared the day sheets for Arturo's and B&K Variety,            
          and there were no safeguards to assure that all cash receipts               
          found their way into the books.  Nyden never reviewed cash                  
          register tapes.  In short, petitioner pretty much could include             
          the amount of cash that suited him.  We find that petitioner's              
          records were inadequate.                                                    
               Nyden's preparation of petitioners' Forms 1040 did not                 
          redeem or correct the inadequacy of petitioner's records.  Nyden            
          would prepare petitioners' Forms 1040 using the information                 
          provided by petitioners.  Nyden frequently noticed that "the                
          expenses were just out of whack" with the revenue.  Nyden would             
          discuss the matter with petitioner to determine whether there was           
          any more income.  Thus prompted, petitioner would furnish Nyden             
          with an additional income figure to plug the gap.  Petitioner               
          never referred to any documents or provided Nyden with any backup           
          material related to the additional income.  For example, Nyden              
          summarized the income and expenses for the Campfield farm for one           






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