- 18 - Cir. 1962), affg. T.C. Memo. 1959-172; Parks v. Commissioner, 94 T.C. 654, 664 (1990). 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). Dr. Rao concedes that gross income of $40,345, $49,839, and $47,115 was omitted from his 1986, 1987, and 1988 Federal income tax returns, respectively. Therefore, he has consistently and substantially understated his income. However, Dr. Rao has made no attempt to conceal his income; all of his income was deposited into one of two bank accounts, and these bank records were given to his tax return preparer and the IRS agents. 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. Petitioner kept no books or records. Dr. Rao attempts to blame his tax return preparer for failing to instruct him on bookkeeping requirements when, in fact, there is no evidence that he requested such instruction.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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