Jack J. Kramer - Page 41

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                  (iii) Failure to maintain accurate records                                              
                  A taxpayer's failure to maintain accurate records is another                            
            badge of fraud, especially in combination with other indicia.                                 
            Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg.                             
            T.C. Memo. 1959-172; Reaves v. Commissioner, 295 F.2d 336, 338                                
            (5th Cir. 1961), affg. 31 T.C. 690 (1958); Grosshandler v.                                    
            Commissioner, 75 T.C. 1, 20 (1980).  The parties stipulated that                              
            petitioner failed to bring any books and records to the audit for                             
            1986 and 1987.  This stipulation and respondent's use of the                                  
            indirect bank deposits method to reconstruct income demonstrate                               
            that petitioner failed to maintain adequate records.  Even the                                
            incomplete nature of petitioner's explanations, especially in                                 
            light of the other circumstantial evidence of the conduit nature                              
            of the three bank accounts, especially Safra, only accentuates                                
            the inadequacy of his records of income during 1986 and 1987.                                 
            Petitioner's failure to produce canceled checks that could begin                              
            to explain the $206,500 of expenditures in June 1986, payments                                
            displaying the hallmarks of the conduit theory that petitioner                                
            advances to explain the use of Safra to support Ben's                                         
            enterprises, is the most eloquent testimony to the inadequacy of                              
            petitioner's records.                                                                         
                  (iv) Unexplained bank deposits                                                          
                  While unexplained bank deposits are not themselves                                      
            necessarily clear and convincing evidence of fraud,  York v.                                  
            Commissioner, 24 T.C. 742, 743 (1955), a large discrepancy                                    




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