- 31 - is still replete with indica of fraud on his part. b. Consistent and Substantial Understatements of Income The mere failure to report income is not sufficient to establish fraud. Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172; Parks v. Commissioner, supra at 664. However, consistent and substantial understatement of income may be strong evidence of fraud. Marcus v. Commissioner, 70 T.C. 562, 577 (1978), affd. without published opinion 621 F.2d 439 (5th Cir. 1980). Moreover, a pattern of consistent underreporting of income, when accompanied by other circumstances indicating an intent to conceal income, justifies the inference of fraud. Holland v. United States, 348 U.S. 121, 137 (1954). Even if we were to subtract the alleged loans, petitioners have admitted to understating the Yogurt Station's gross income in the amounts of $24,310, $60,874, and $80,499 for 1989, 1990, and 1991, respectively. These understatements are both consistent and substantial; they are evidence of fraud. c. Failure to Maintain Adequate Books and Records Failure to maintain adequate books and records of income is indicative of fraud. Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987); Gajewski v. Commissioner, 67 T.C. at 200. Although Mr. McGirl had owned and operated a restaurant for over a decade, he claims that invoices, receipts, and cash register tapes werePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011