- 24 - 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 onePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011