- 45 - totaling less than $10,000 in order to avoid required reporting of those transactions to the IRS. Mr. Gandy made several representations, including to his preparers and to respondent’s agents, that amounts deposited in the nursery account from Burnice Gandy constituted loans, when the evidence is convincing that Burnice Gandy could not have made those loans and that the source of the funds was nursery receipts. Mr. Gandy contends that receipts were concealed in relation to the divorce to protect them from Mrs. Gandy. Even if such concealment served two purposes, the effect and apparent intention was also to underreport income. Several witnesses reported that Mr. Gandy expressed his intention to “beat the government” by devices including use of cash. None of these incriminating statements were refuted by petitioners. Petitioners dispute respondent’s agents’ accounts of the original interview with Mr. Gandy. Even disregarding respondent’s arguments concerning inconsistencies and false statements made during that investigation, the record reflects many inconsistent and implausible statements. Much of the implausibility is in the form of petitioners’ claimed defenses to respondent’s determinations. Petitioners engage in rhetoric and hyperbole unsupported by the record in attempts to blame others for their current predicament and to obscure the compelling evidence against them. For example, they assert that anPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011