- 12 - 121, 137 (1954) However, petitioner's understatements of income in each of the 3 years involved were both substantial in amount and in proportion to the amounts reported on his original Federal income tax returns.6 Extensive dealing in large amounts of cash also constitutes evidence of fraud. Estate of Mazzoni v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg. T.C. Memo. 1970-37. Petitioner received cash payments from Mr. Hall approximately every other week. These cash payments totaled $142,377 in 1989, $76,450 in 1990, and $180,608 in 1991. The reason that dealing in large amounts of cash is evidence of fraud is that cash is difficult to trace unless the taxpayer maintains contemporaneous and accurate records. Petitioner kept no records to reflect accurately his receipt of large amounts of cash income. The failure by a knowledgeable taxpayer to maintain adequate records is evidence of fraud. Galant v. Commissioner, 26 T.C. 354, 365 (1956). Petitioner was a knowledgeable businessman. He was the director of a department that had an annual budget in excess of $1.2 million. In addition to this position, petitioner operated a construction consulting business as a sole proprietorship. He was a general partner in a real estate partnership, a shareholder in an S corporation, and 6Petitioner reported a total taxable income of $127,749 on his returns for the 3-year period, whereas his true taxable income for those years was determined to be $534,926.19, an understatement of $407,177.19 for the 3-year period.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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