J.J. Zand - Page 203

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          issue, particularly during the years for which respondent                   
          determined fraud.  For example, travel and entertainment expenses           
          were overstated by $19,913.37 in 1973, $75,284.40 in 1974,                  
          $77,315.01 in 1975, and $20,000 in 1976.  In addition, for some             
          of the years there were overstatements of some commission                   
          expenses, consulting fees, legal and professional fees, salaries            
          and wages, interest expenses, depreciation, and rental expenses.            
               4.  Failure to Maintain Adequate Books and Records                     
               Failure to maintain adequate books and records of income               
          generally and failure to keep records of income diverted and                
          unreported are both indicative of fraud.  Truesdell v.                      
          Commissioner, 89 T.C. 1280, 1302 (1987); Gajewski v.                        
          Commissioner, 67 T.C. at 200.                                               
               The record contains evidence showing that petitioner's books           
          and records with respect to income and expenses were inadequate,            
          incomplete, and sometimes misleading.  Substantial income was               
          unreported and claimed expenses were overstated or not                      
          substantiated.                                                              
               5.  Concealment of Income or Assets                                    
               The concealment of income or assets is an indicium of fraud.           
          Bradford v. Commissioner, 796 F.2d at 307-308.                              
               Petitioner handled the transactions involving Lockheed and             
          Ashland to conceal from respondent the large sums of money paid             







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