- 50 - gasoline in its fiscal 1981 and its fiscal 1982 are significant evidence of its fraudulent intent with regard to its income taxes for these years. Bradford v. Commissioner, 796 F.2d at 308; Petzoldt v. Commissioner, 92 T.C. at 701-702; McGee v. Commissioner, 61 T.C. at 260. (b) Substantial Omissions Kenmore reported taxable income in the amount of $1,755 for its fiscal 1981 and $23,821 for its fiscal 1982. Supra table 1. Kenmore failed to report taxable income in the amount of $511,669.28 for its fiscal 1981 and $345,556.67 for its fiscal 1982 (supra tables 3 and 4), which amounts to more than 99 percent of Kenmore’s fiscal 1981 taxable income and more than 94 percent of its fiscal 1982 taxable income. Supra table 7. These omissions are not the result of any good-faith dispute as to taxability. See infra (d) Implausible Explanations. The mere failure to report income is not sufficient to establish fraud. Petzoldt v. Commissioner, 92 T.C. at 700. However, exceedingly large discrepancies between the taxpayer’s actual net income and the net income reported do constitute evidence of fraud when such discrepancies are not adequately explained. Stone v. Commissioner, 56 T.C. at 224. Kenmore’s substantial omissions of taxable income for its fiscal 1981 and its fiscal 1982 are substantial evidence of fraud as to these 2 years. (c) Inadequate RecordsPage: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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