John Van Heemst - Page 35

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          proof.  During 1987, petitioner was coowner of and received                 
          income from Pieces of Eight, yet he reported that he received               
          only $10,000 in wage income from that business on the 1987                  
          return, reporting none of the income and expenses attributable to           
          that business on the return.15  Petitioner maintained the books             
          and records of Pieces of Eight and was therefore aware of its               
          financial position.  The Form W-2 filed with that return also               
          falsely represented that Kathleen Murphy was the owner of Pieces            
          of Eight.  As noted above, respondent reconstructed the taxable             
          income of Pieces of Eight for 1987 using the bank deposit method.           
          Although unexplained bank deposits are not in themselves clear              
          and convincing evidence of fraud, York v. Commissioner, 24 T.C.             
          742, 743 (1955), a large unexplained discrepancy between                    
          petitioner’s actual income and his reported income constitutes              
          evidence of fraud, Stone v. Commissioner, 56 T.C. 213, 224                  
          (1971).                                                                     
               Furthermore, petitioner misled the accountant who prepared             
          the financial statements for Pieces of Eight and the 1987 income            
          tax return concerning its ownership.  Although he and Ms. Murphy            
          owned Pieces of Eight during the years in issue, he informed the            
          accountant that Kathleen Murphy was its owner in 1987.                      
          Petitioner continued to mislead the accountant in subsequent                
          years, telling the accountant that Michael Van Heemst,                      

          15                                                                          
               The record does not disclose that the income of Pieces of              
          Eight for 1987 was reported on any return.                                  



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