- 41 - (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 discrepancyPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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