- 35 - 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.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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