- 49 - the mere failure to report income is not sufficient to establish fraud. Petzoldt v. Commissioner, supra at 700. The record in this case establishes, inter alia, that (1) Mr. Katerelos substantially underreported the gross receipts of NDV for each of the years 1987 through 1990; (2) he activated the Z or reset mode on the cash register more than once on a number of days during each of those years, but reported the total sales from only one such Z reading on those days as the amount of gross receipts of NDV even though he knew he was required to report the transaction totals of all sales made by NDV as gross receipts for those years; (3) during each of the years 1987 through 1990, Mr. Katerelos discarded the portions of the cash register tapes that he did not utilize to calculate the amounts of gross receipts that he recorded in the gross receipts journal for each such year; (4) Mr. Katerelos discarded all of the guest checks for the years 1987 through 1990; (5) Mr. Katerelos pro- vided his accountant with only the gross receipts journals and the portions of the cash register tapes that he saved and uti- lized to calculate the amounts of gross receipts that he recorded therein; (6) the pattern of missing transactions repeated itself on a regular basis during each of the years 1987 through 1990 until September 1990 when Mr. Phielix first confronted petition- ers concerning his analyses of the cash register tapes; (7) Mr. Katerelos provided implausible explanations as to the nature of the missing transactions and as to why the cash register tapesPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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