Albert J. and Helen R. Desantis - Page 47

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          Despite his business acumen, petitioner failed to report his                
          receipt of substantial amounts of income on his 1982, 1983 and              
          1984 returns.  Hughes v. Commissioner, T.C. Memo. 1994-139;                 
          LiButti v. Commissioner, T.C. Memo. 1985-314.                               
               A taxpayer's use of cash to conceal income is evidence of              
          fraud.  Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir.           
          1986), affg. T.C. Memo. 1984-601; United States v. Chapman, 168             
          F.2d 997, 1000 (7th Cir. 1948).  Petitioner's method of paying              
          the laborers in cash, and cashing their checks in larger amounts            
          for himself without a valid business reason, is strong evidence             
          of fraud.                                                                   
               Petitioner attempted to conceal the receipt of substantial             
          amounts of income from the partnerships and Newtowne by entering            
          into a series of transactions that camouflaged receipt of these             
          funds.  For example, petitioner asked Newtowne to endorse the               
          partnership checks to petitioner in "partial payment for his                
          consulting services", even though it was understood between the             
          parties that no such services would be provided.  Petitioner also           
          caused the partnerships to pay him in accordance with the                   
          respective financial consulting agreements.9                                

          9  We note that, despite these agreements, petitioner argued                
          in his petition that these payments from the partnerships and               
                                                             (continued...)           







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